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UNITED STATES OF AMERICA. 



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MICHIGAN 



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BY 



Superintendent of Public Instruction 
and Supreme Court. 




COMPILED BV 



MYRON T. DODGE 



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SAGINAW, MICH. 
JONES & MC CALL CO., PRINTERS. 



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Entered according to Act of Congress in the year 1893, by 

Myron T. Dodge, 
In the Office of the Librarian of Congress at Washington. 



PREFACE. 



The object aimed at in the preparation of this book has been 
to compile the school law of Michigan in as complete and com- 
pact a manner as the subject matter will admit ; to arrange the 
materials at hand in such a way as to make the book as interest- 
ing and practical for teachers as may be, law being a dry subject 
at its best, to all except the devoted student of law. Owing to the 
entire absence of a book of the kind, the conviction of the useful- 
ness and necessity of the same and the importunities and en- 
couragements of teachers and friends of education has led to the 
compilation. My first intention was to arrange a work to include 
only the more prominent points of the school law. However, it 
was found necessary to arrange the entire text ; as any portion 
omitted would be sure to contain a point of law desired at some 
time. 

It will be a source of great pleasure and satisfaction if I 

have succeeded by means of this book, in placing before the 

teachers the entire school law of Michigan in such a manner as 

to be available and reliable. 

M. T. D. 



Chapter XVII.— State Certificates to Teachers 78 

XVIII. — Teachers' Associations 78 

XIX.— Safe Keeping- of Public Moneys 79 

XX.— Compulsory Education of Children 79 

XXL— Compulsory Reformatory Education of Juve- 
nile Disorderly Persons 81 

XXII. —Regulating the Employmnt of Children .... 85 

XXIII. —To Prevent Crime and Punish Truancy. ... 87 

XXIV.— Free Text Books 89 

Note.— Appo.tionment of Surplus Dog Tax to Districts 92 

Act No. 119.— Authorizing the Introduction of Kindergarten 

Work in the Public Schools of Michigan 93 

144.— Authorizing the Faculty of the University of 
Michigan to Grant Teachers' Cirtificates in 

Certain Cases 94 

Act No. 327.— Authorizing Trustees of Certain Colleges to 

Grant Teachers' Certificates 95 

DIGEEST OF DECISIONS. 

Township Board of School Inspectors 97 

Appeals From Action of School Inspectors 98 

Township Board 99 

Organization of School Districts 101 

District Moneys, Warrants and Orders 105 

Teachers' Contracts and Certificates 110 

Liabilities of Districts 113 

Tuition of non-Resident Pupils 116 

Admission of Colored Children to Schools 116 

School Sites and School-Houses 116 

Graded and High Schools 120 

Library Moneys 121 

Miscellaneous 122 

Questions Answered 125 



CONTENTS. 



CONSTITUTONAL PROVISIONS. 

Page. 

Article VIII.— State Officers ••• 5 

XIII.— Education 5 

STATUTORY PROVISIONS, 

Chapter I. — Superintendent of Public Instruction. 9 

" II. — Formation, Alteration, Meetings and Powers of 

Districts 12 

III.— District Board and Officers. ... '21 

IV.— Township Officers 33- 

V. — County Clerk and Treasurer 40 

VI. — Bonded Indebtedness of District 41 

VII. — Suits and Judgments Against Districts 43 

VIII.— Sites for School Houses 44 

IX. — Appeals from Action of Inspectors. 51 

X. — Graded School Districts 53 

XI. — Libraries 56 

XII. — Examination of Teachers and Supervision of 

Schools GO 

XIII. — Penalties and Liabilities 69 

XIV. — Election of School Inspectors 72 

XV.— Teachers' Institutes 73 

XVI. — Normal School Diplomas and Certificates 76 



MICHIGAN SCHOOL LAW 



CONSTITUTIONAL PROVISIONS, 



ARTICLE VIII. 

STATE OFFICERS. 

Section 1. There shall be elected at each biennial election, 
a secretary of state, a superintendent of public instruction, a 
state treasurer, commissioner of the land office, an auditor 
general, and an attorney general for the term of two years. 
They shall keep their offices at the seat of government, and 
shall perform such duties as may be prescribed by law. 

Sec 2. Their term of office shall commence on the first 
day of January, one thousand eight hundred and fifty-three, 
and of every second year thereafter. 

Sec 3. Whenever a vacancy shall occur in any of the 
State offices, the governor shall fill the same by appointment, 
by and with the advice and consent of the senate, if in session. 

AETICLE XIII. 

EDUCATION. 

Section 1. The superintendent of public instruction shall 
have the general supervision of public instruction, and his 
duties shall be prescribed by law. 

When are State officers to be elected? Where must they keep 
their offices? What is their term of office? How are vacancies 
filled ? What general supervision has the superintendent of pub- 
lic instruction, and how are his duties prescribed? 



6 MICHIGAN SCHOOL LAW. 



Sec. 2. The proceeds from the sales of all lands that have 
been or hereafter may be granted by the United States to the 
State for educational purposes, and the proceeds of all lands 
or other property given by individuals, or appropriated by 
the State for like purposes, shall be and remain a perpetual 
fund, the interest and income of which, together with the 
rents of all such lands as may remain unsold, shall be in- 
violably appropriated and annually applied to the specific 
objects of the original gift, grant or appropriation. 

Sec. 3. All lands, the titles to which shall fail from a 
defect of heirs, shall escheat to the State ; and the interest 
on the clear proceeds from the sales thereof shall be appro- 
priated exclusively to the support of primary schools. 

Sec. 4. The legislature shall, within five years from the 
adoption of this constitution, provide for and establish a sys- 
tem of primary schools, whereby a school shall be kept with- 
out charge for tuition, at least three months in each year, in 
every school district in the State ; and all instruction in said 
schools shall be conducted in the English language. 

Sec. 5. A school shall be maintained in each school dis- 
trict at least three months in each year. Any school district 
neglecting to maintain such school shall be deprived for the 
ensuing year of its proportion of the income of the primary 
school fund, and of all funds arising from taxes for the sup-" 
port of schools 

Sec. 6. There shallDbe elected in the year eighteen hun- 
dred and sixty-three, at the time of the election of a justice 
of the supreme court, eight -regents of the university, two of 
whom shall hold their office for two years, two for four 
years, two for six years, and two for eight years. They shall 
enter upon the duties of their office on the first of January 
next succeeding their election. At every regular election of 

The primary school fund is derived from what source? What 
is said of escheats? How were free schools established ? In what 
language shall all instruction be conducted? How long must a 
district school be maintained in each district during the year? 
What penalty for failing to maintain the school for this period of 
time? What is said of the election of regents of the university? 



CONSTITUTIONAL PROVISIONS. 



a justice of the supreme court thereafter, there shall be 
elected two regents whose term of office shall be eight years. 
When a vacancy shall occur in the office of regent, it shall 
be filled by appointment of the governor. The regents thus 
elected shall constitute the board of regents of the university 
of Michigan. 

Sec. 7. The regents of the university, and their successors 
in office, shall continue to constitute the body corporate 
known by the name and title of "The regents of the univer- 
sity of Michigan." 

Sec. 8 The regents of the university shall, at their first 
annual meeting, or as soon thereafter as may be, elect & 
president of the university, who shall be ex officio a member 
of their board, with the privilege of speaking, but not of 
voting. He shall preside at the meetings of the regents, and 
be the principal executive officer of the university. The 
board of regents shall have the general supervision of the 
university, and the direction and control of all expenditures 
from the university interest fund. 

Sec. 9. There shall be elected at the general election in the 
year one thousand eight hundred and fifty -two, three mem- 
bers of a State board of education ; one for two years, one 
for four years, and one tor six years ; and at each succeed- 
ing biennial election there shall be elected one member of 
such board, who shall hold his office for six years. The 
superintendent of public instruction shall be ex officio a mem- 
ber and secretary of such board. The board shall have the 
general supervision of the State normal school, and their 
duties shall be prescribed by law. 

Sec 10. Institutions for the benefit of those inhabitants 
who are deaf, dumb, blind or insane, shall always be fostered 
and supported. 

What is their term of office ? ;How are vacancies filled? Are 
the regents a corporate body ? How is the president of the uni- 
versity elected? What are his duties? What are the duties of 
the regents? What is said of the election of a State board of ed- 
ucation? W T hat is their term of office? Is the superintendent of 
public instruction a member of the board? Over what public 
school have they charge and how are their duties prescribed f 
What is said of fostering and supporting asylums? 



8 MICHIGAN SCHOOL LAW. 

Sec. 11. The legislature shall encourage the promotion of 
intellectual, scientific and agricultural improvement ; and 
shail, as soon as practicable, provide for the establishment of 
an agricultural school. The legislature may appropriate the 
twenty-two sections of salt spring lands now unappropriated, 
or the money arising from the sale of the same, where such 
lands have been already sold, and any land which may here- 
after be granted or appropriated for such purpose, for the 
support and maintenance of such school, and may make the 
same a branch of the university, for instruction in agricul- 
ture and the natural sciences connected therewith, and place 
the same under the supervision of the regents of the uni 
versity. 

Sec. 12. The legislature shall also provide for the estab- 
lishment of at least one library in each township and city ; 
and all fines assessed and collected in the several counties 
and townships for any breach of the penal laws, shall be ex- 
clusively applied to the support of such libraries, unless 
otherwise ordered by the township board of any township, 
or the board of education of any city : Provided, That in no 
case shall such fines be used for other than library or school 
p urposes. 

JOINT RESOLUTION, No. 10. 

Amendment to section one, of article nine, of the const itu- 
tions, 1893. 

The Superintendent of Public Instruction shall receive an 
annual salary of $2,000. 

What is said of the agricultural school? How shall it be main- 
tained? Under whose supervision was it placed ? What is said of 
libraries? How are they to be maintained? What salary does the 
Superintendent of Public Instruction receive ? 



STATUTORY PROVISIONS. 



STATUTORY PROVISIONS. 



Act No 164, Laws of 1881, as amended by Session Laws of 1883, 
1885, 1887 and 1889. 

CHAPTER I. 

THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

(§1.) Section 1. The People of the State of Michigan enact, 
That the superintendent of public instruction shall have 
general supervision of public instruction and of all State 
institutions, other than the university, that are essentially 
educational in their character, and it shall be his duty, among 
other things, to visit the university, the agricultural college, 
the institution for the deaf and dumb, the school for the 
blind, the reform school, the reform school for girls, and the 
public school for dependent and neglected children, and to 
meet with the governing boards of each of said institutions 
at least once in each year. He shall also prepare annually, 
and transmit to the governor, to be by him transmitted to 
the legislature at each biennial session thereof, a report con- 
taining : 

First, A statement of the condition of the university and 
of each of the several State educational institutions, all in- 
corporated institutions of learning, and the primary, graded 
and high schools ; 

Second, Estimates and amounts of expenditures of all edu- 
cational funds ; 

Third. Plans for the management of all educational funds, 
and for the better organization of the educational system, if, 
in his opinion, the same be required ; 

Fourth, The annual reports and accompanying documents, 
so far as he shall deem the same of sufficient public interest, 
of all State institutions of educational character ; 

Mention some of the powers and duties of the superintendent 
of public instruction? How often and to whom shall he make a 
report ? 



10 MICHIGAN SCHOOL LAW. 

Fifth, Abstracts of the annual reports of the school in- 
spectors of the several townships and cities of the State ; 

Sixth, All such other matter relating to his office and the 
subject of education generally as he shall deem expedient to 
communicate; 

(§2.) Sec. 2. He may appoint a deputy superintendent of 
public instruction and revoke such appointment in his dis- 
cretion, and such deputy shall take the constitutional oath of 
office, which with his appointment shall be filed with the 
secretary of state. Said deputy may execute the duties of 
the office in case of a vacancy or the absence of the superin- 
tendent. 

(33.) Sec. 3. The superintendent of public instruction shall 
compile and cause to be printed all general laws relating to 
schools, together with all necessary forms, regulations, and 
instructions for conducting all proceedings under said laws, 
or relative to the organization and government of the schools, 
including rules and regulations for the management of town- 
ship and district libraries, and shall transmit the same to the 
several officers intrusted with the care and management of 
said schools. 

(H.) Sec 4. He shall semi-annually, on receiving notice 
from the auditor general of the amounts thereof, and between 
the first and tenth days of May and November, apportion the 
primary school interest fund among the several townships 
and cities of the State, in proportion to the number of chil- 
dren in each between the ages of five and twenty }^ears, as 
the same shall appear by the reports of the several boards of 
school inspectors made to him for the school year closing 
prior to the May apportionment, and shall prepare a state- 
ment of the amount in the aggregate payable to each county, 
and shall deliver the same to the auditor general, who shall 
thereupon draw his warrant upon the State treasurer in favor 

Mention some of the contents of the report. Who may appoint 
a deputy superintendent? When may the deputy execute the 
duties of the office of the superintendent? What is said in regard 
to compiling the school laws? Who may receive copies of said 
compilation? When is the primary money apportioned? 



STATUTORY PROVISIONS. 11 



of the treasurer of each county for the amount payable to 
each county. He shall also send written notices to the 
clerks of the several counties of the amount in the aggregate 
to be disbursed in their respective counties, and the amount 
payable to the townships and cities therein respectively. 

(§5.) Sec. 5. Whenever the returns from any county, town- 
ship, city, or district, upon which a statement of the amount 
to be disbursed or paid to any such county, township, city, 
or district shall be so far defective as to render it impracti- 
cable to ascertain the share of primary school interest fund 
which ought to be disbursed or paid to such county, town- 
ship, city, or district, he shall ascertain by the best evidence 
in his power the facts upon which the ratio of such apportion- 
ment shall depend, and shall make the apportionment ac- 
cordingly. 

(§6.) Sec. 6. Whenever any county, township, city, or dis- 
trict, through failure or error in making the proper report, 
shall fail to receive its share of the primary school interest 
fund, the superintendent of public instruction, upon satisfac- 
tory proof that said county, township, city, or district was 
justly entitled to the same, shall apportion such deficiency in 
his next apportionment ; and whenever it shall appear to the 
satisfaction of said superintendent that any district has had 
three months' school, but failed to have the full time of 
school required by law, through no fault or negligence of the 
district or its officers, he may include such district in his 
apportionment of the primary school interest fund in his 
discretion. 

(§7.) Sec. 7. The superintendent of public instruction shall 
perform such other duties as are or shall be required of him 
by law, and at the expiration of his term of office deliver to 
his successor all property, books, documents, maps, records, 
reports, and all other papers belonging to his office, or which 
may have been received by him for the use of his office. 

What notice is the county clerk to receive? Mention the pro- 
ceedings in case of defective returns. In case of a deficiency can 
a district receive its apportionment next year? Mention other 
duties of the superintendent? 



12 MICHIGAN SCHOOL LAW. 



CHAPTER II. 

FORMATION, ALTERATION, MEETINGS, AND POWERS 
OF DISTRICTS. 

(§8.) Section 1. The township board of school inspectors 
shall divide the township into such number of school dis- 
tricts as may from time to time be necessary, which districts 
they shall number, and they may regulate and alter the 
boundaries of the same as circumstances shall render proper, 
subject to the provisions hereinafter made ; but no district 
shall contain more than nine sections of land, and each dis- 
trict shall be composed of contiguous territory, and be in as 
compact a form as may be. 

(§9) Sec. 2. Whenever the board of school inspectors of 
any township shall form a school district therein, it shall be 
the duty of the clerk of such board to deliver to a taxable in- 
habitant of such district a notice in writing of the formation 
of such district; describing its boundaries, and specifying the 
time and place of the first meeting, which notice, with the 
fact of such delivery, shall be entered upon record by the 
clerk. The said notice shall also direct such inhabitant to 
notify every qualified voter of such district, either personally 
or by leaving a written notice at his place of residence, of 
the time and place of said meeting, at least five days before 
the time appointed therefor ; and it shall be the duty of such 
inhabitant to notify the qualified voters of said district ac- 
cordingly, and said inhabitant, when he shall have notified 
the qualified voters as required in such notice, shall indorse 
thereon a return, showing such notification with the date or 
dates thereof, and deliver such notice and return to the chair- 
man of the meeting, to be by him delivered to the director 
chosen at such meeting, and by said director recorded at 
length as a part of the records of such district. 



What board may form districts? Who may alter the bound- 
aries of districts? How large may a district be? In what form? 
Who must give notice of the formation of a district and to whom? 
Is an inhabitant to serve notice of first meeting? To whom is the 
notice to be returned? By whom recorded? 



STATUTORY PROVISIONS. 1& 

(§10.) Sec. 3. In case the inhabitants of any district shall 
fail to organize the same in pursuance of such notice as afore- 
said, the said clerk shall give a new notice in the manner 
hereinbefore provided, and the same proceedings shall be 
had thereon as if no previous notice had been delivered. 

(§11.) Sec. 4. Whenever it shall be necessary or convenient 
to form a district from two or more adjoining townships, the 
inspectors, or a majority of them, of each of such adjoining 
townships, may form such district, to be designated as a 
fractional district, and direct which township clerk shall 
make and deliver the notice of the formation of the same to a 
taxable inhabitant thereof, and may regulate and alter such 
district as circumstances may render necessary in the same 
manner that other districts are altered. The annual reports 
of the director of such district shall be made to the inspectors 
of the township in which the school-house may be situated, 
and the inspectors of such township shall number said dis- 
trict. 

(§12.) Sec 5. Every such school district shall be deemed 
duly organized when any two of the officers elected at the 
first meeting shall have filed their acceptances in writing 
with the director, and the same shall have been recorded in 
the minutes of such first meeting. Every school district 
shall, in all cases, be presumed to have been legally organi- 
zed when it shall have exercised the franchises and privileges 
of a district for the term of two years ; and such school dis- 
trict and its officers shall be entitled to all the rights, priv- 
ileges, and immunities, and be subject to all the duties and 
liabilities conferred upon school districts by law. 

(§13.) Sec 6. The record of the first meeting made by the 
director shall be prima facie evidence of the facts therein set 
forth, and of the legality of all proceedings in the organiza- 
tion of the district prior to the first district meeting ; but 

In case of failure to organize, give proceedings? How are 
fractional districts formed? To whom is a director of a fractional 
district to report? When is a district deemed organized? What 
is the presumption of legal organization? What evidence is the- 
director's record of the first meeting? 



14 MICHIGAN SCHOOL LAW. 



nothing in this section contained shall be so construed as to 
impair the effect of the record kept by the school inspectors, 
as evidence. 

CORPORATE POWERS OF DISTRICTS. 

(§14.) Sec 7. Every school district organized in pursu- 
ance of this chapter, or which has been organized and con- 
tinued under any previous law of the State or territory ot 
Michigan, shall be a body corporate, and shall possess the 
usual powers of a corporation for public purposes, by the 
name and style of " School District Number (such num- 
ber as shall be designated in the formation thereof by the 

inspectors), of " (the name of the township or townships 

in which the district is situated), and in that name shall be 
capable of suing and being sued, of contracting and being 
contracted with, and . of holding such real and personal 
estate as is authorized to be purchased by the provisions of 
'aw, and of selling the same. 

ALTERATION OF DISTRICTS. 

(§15.) Sec. 8. Whenever the board of school inspectors 
shall contemplate an alteration of the boundaries of a district, 
the township clerk (and for meetings of boards to act in 
relation to fractional districts, clerks of the several townships 
interested) shall give at least ten days' notice of the time and 
place of the meeting of the inspectors, and the alterations 
proposed, by posting such notice in three public places in the 
township or townships, one of which notices shall be in each 
of the districts that may be affected by such alteration. 
Whenever the board of school inspectors of more than one 
township meet, they shall elect one of their number chair- 
mau, and another clerk thereof. 

(§16.) Sec. 9. The inspectors may, in their discretion, 
detach the property of any person or persons from one dis- 
trict and attach it to another ; except that no land which has 

Is a school district a body corporate? How is it designated? 
Mention the powers of a school district? How may the bound- 
aries of a district be altered? Give the time and place of notice. 
Have inspectors powers to alter districts? 



STATUTORY PROVISIONS. 15 



been taxed for building a school-house shall be set off into 
another school district for the period of three years there- 
after, except by consent of the owner thereof ; and no dis- 
trict shall be divided into two or more districts without the 
consent of a majority of the resident tax-payers of said dis- 
trict, and no two or more districts be consolidated without 
the consent of a majority of the resident tax-payers of each 
district. 

(217.) Sec. 10. The inspectors may attach to a school dis- 
trict any person residing in a township, and not in any organi- 
zed district, at his request ; and for all district purposes 
except raising a tax for building a school-house, such person 
shall be considered as residing in such district; but when 
set off to a new district, no sum shall be raised for such per- 
son as his proportion to the district property. 

(§18.) Sec. 11. In all cases where an alteration of the 
boundaries of a school section shall be made, the township 
clerk shall, within ten days, deliver to the director of each 
district affected by the alteration a notice in writing, setting 
forth the action of the inspectors and denning the alterations 
that have been made. 

DIVISION OF PROPERTY. 

(§19.) Sec 12. When a new district is formed in whole or 
in part, from one or more districts possessed of a school- 
house, or entitled to other property, the inspectors at the 
time of forming such new district, or as soon thereafter as 
may be, shall ascertain and determine the amount justly due 
to such new district from any district out of which it may 
have been in whole or in part formed, as to the proportion of 
such new district, of the value of the school-house and other 
property beloning to the former district, at the time of such 
division ; and whenever by the division of any district, the 
school-house or site thereof shall no longer be conveniently 

Must the consent of the tax- payers be obtained? In certain 
cases may persons out of districts be attached thereto? To whom 
is the township clerk to give notice of the alterations in districts? 
When a district is divided, how is the property to be" portioned? 



16 MICHIGAN SCHOOL LAW. 



located for school purposes, and shall not be desired for use 
by the new district in which it may be situated, the school 
inspectors of 1he township in which such school-house and 
site shall be located, may advertise and sell the same, and 
apportion the proceeds of such sale, and also any moneys 
belonging to the district thus divided, among the several dis- 
tricts erected in whole or in part from the divided district. 

(§20.) Sec. 13. Such proportion shall be ascertained and 
determined according to the value of the taxable property of 
the respective parts of such former district at the time of the 
division, by the best evidence in the power of the inspectors ; 
and such amount of any debt due from the former district, 
which would have been a charge upon the new, had it re- 
mained in the former district, shall be deducted from such 
proportion : Provided, That no real estate thus set off, and 
which shall not have been taxed for the purchase or building 
of such school house, shall be entitled to any portion there- 
of, nor be taken into account in such division of district 
property. 

DISTRICT MEETINGS. 

(§21.) Sec 14. The annual meeting of each shool district 
shall be held on the first Monday of September in each year, 
and the school year shall commence on that day: Provided, 
That any school district that shall so determine at an annual 
meeting, or at a special meeting duly called for that purpose, 
may hold its annual meeting on the second Monday of July 
in each year, or in the same manner may thereafter change 
the time of its annual meeting to the first Monday in Septem- 
ber in each year, and the trustees and officers of the district 
shall date their terms of office from the date so chosen and 
until their successors are elected and qualified: Provided 
further, That such action in either case shall not change the 
time of the commencement of the school year or the taking 
of .the annual school census. 

When and how may a school-house or site be sold? How shall 
the proceeds of the sale be apportioned? When may school dis- 
tricts hold their annual meeting? How may the date of the 
annual meeting be changed? 



STATUTORY PROVISIONS. 17 

(§22.) Sec. 15. Special meetings may be called by the 
district board ; and it shall be the duty of said board, or any 
one of them, to call such meetings on the written request of 
not less than five legal voters of the district, by giving the 
notice required in the next succeeding section ; but no special 
meeting shall be called unless the business to be transacted 
may lawfully come before such meeting, and no business 
shall be transacted at a special meeting unless the same be 
stated in the notice of said meeting. 

(§23.) Sec 16. All notices of annual or special district 
meetings, after the first meeting has been held as aforesaid, 
shall specify the day, and hour and place of meeting, and 
shall be given at least six days previous to such meeting, by 
posting up copies thereof in three of the most public places 
in the district, one copy of which for each meeting shall be 
posted at the outer door of the district schoolhouse, if there 
be one; and in case of any special meeting called for the 
purpose of establishing or changing the site of a schoolhouse, 
such notice shall be given at least ten days previous thereto : 
Provided, That when any of the district board shall receive 
a request to call a special meeting, as provided in the preced- 
ing section, he shall forthwith give notice, as above provided, 
of said meeting, which shall be called in not less than six nor 
more than twelve days from the time the said officer shall re- 
ceive the notice aforesaid. No annual meeting shall be deemed 
illegal for want of due notice, unless it shall appear that the 
omission to give such notice was willful and fraudulent. 

(§24.) Sec. 17. Every person of the age of twenty-one 
years, who has property liable to assessment for school taxes 
in any school district, and who has resided therein three 
months next preceding any school meeting held in said dis- 
trict, or who has resided three months next preceding such 
meeting on any territory belonging to such district at the 
time of holding said meeting, shall be a qualified voter in said 

How may special meetings be called? Must the business of a 
special meeting be stated in the notice? Give form and place of 
notice. Is it the duty of a district officer to give such notice? 
Would the annual meeting be illegal for want of notice? Who 
are qualified voters at district meetings? 



28 MICHIGAN SCHOOL LAW. 

meeting upon all questions, and all other persons who are 
twenty-one years of age, and are the parents or legal guardians 
of any children included in the school census of the district, 
and who have for three months as aforesaid, been residents of 
said district or upon any territory belonging thereto at the 
time of holding any school meetings shall be entitled to vote 
on all questions arising in said district which do not directly 
involve the raising of money by tax. 

(§25.) Sec. 18. If any person offering to vote at a school 
district meeting shajl be challenged as unqualified by any legal 
voter in such district, the chairman presiding at such meet- 
ing shall declare to the person challenged the qualifications 
©f a voter ; and if such person shall state that he is qualified 
and the challenge shall not be withdrawn, the said chairman 
shall tender to him an oath, in substance as follows: "You 
do swear (or affirm) that you are twenty-one years of age, that 
you have been for the last three months an actual resident of 
this school district, or residing upon territory now attached to 
this school district, and that you are liable to pay a school 
district tax therein ;" and every person taking such oath shall 
be permitted to vote on all questions proposed at such meet- 
ing. Or he may take the following oath, to wit : "You do 
swear (or affirm) that you have been for the past three months 
an actual resident of this school district, or residing upon terri- 
tory now attached to this school district, and that you are the 
parent or legal guardian of one or more children now included 
in the school census of this district;" and he may vote upon all 
questions which do not directly involve the raising of money 
by tax. If any person so challenged shall refuse to take such 
oath, his vote shall be rejected ; and any person who shall 
willfully take a false oath, or make a false affirmation, under 
the provisions of this section, shall be deemed guilty of per- 
jury. When any question is taken in any other manner than 
by ballot, a challenge immediately after the vote has been 
taken shall be deemed to be made when offering to vote, and 
treated in the same manner. 

What is said in regard to challenging voters? Give oath to be 
tendered a challenged voter. What is a false oath deemed? 



STATUTORY PROVISIONS. 19 

(§26.) Sec. 19. If at any district meeting any person shall 
jconduct himself in a disorderly manner, and, after notice from 
the moderator or person presiding, shall persist therein, the 
moderator or person presiding may order him to withdraw 
from the meeting, and on his refusal, may order any con- 
stable, or other person or persons, to take him into custody 
until the meeting shall be adjourned ; and any person who 
shall refuse to withdraw from such meeting on being so or- 
dered as herein provided, and also any person who shall will- 
fully disturb such meeting by rude and indecent behavior, or 
by profane or indecent discourse, or in any other way make 
such disturbance, shall, on conviction thereof, be punished by 
a fine not less than, two nor more than fifty dollars, or by im- 
prisonment in the county jail not exceeding thirty days ; and 
any justice of the peace, recorder, or police justice of the town- 
ship, ward, or city where such offense shall be committed, 
shall have jurisdiction to try and determine the same. 

(§27.) Sec. 20. The qualified voters in any school dis- 
trict when lawfull} 7 assembled at the first and at each an- 
nual meeting, or at an adjournment thereof, or at any special 
meeting lawfully called, except as hereinafter provided, shall 
have power : 

First* At the first meeting and at any meeting after the 
organization of the district, in the absence of the moderator, 
to appoint a chairman for the time being, and in the absence 
of the director to appoint some person to act in his stead; 
who shall keep a minute of the proceedings of such meeting 
and certify the same to the director, to be by him entered in 
the records of the district; 

Second, To adjourn from time to time as occasion may 
require; 

Third, To elect district officers as hereinafter provided; 

Who may order a disorderly person to be taken into custody 
at a district meeting? What is the penalty for disturbing a dis- 
trict meeting? Who shall have jurisdiction in trial? Mention 
the first power of voters at district meetings. Second. Third. 
Fourth. Fifth. Sixth. Seventh. Eighth. Ninth. Tenth. 
Eleventh. Twelfth. 



20 MICHIGAN SCHOOL LAW. 

Fourth, To designate as hereinafter provided, a site or 
such number of sites as may be desired for school-houses, 
and to change the same when necessary; 

Fifth, To direct the purchasing or leasing of a site or sites, 
lawfully determined upon ; the building, hiring, or purchas- 
ing of a school-house or houses, or the enlarging of a site or 
sites previously established; 

Sixth, To vote such tax as the meeting shall deem suffi- 
cient to purchase or lease a site or sites, or to build, hire, or 
purchase a school-house or houses; but the amount of taxes 
to be raised in any district for the purpose of purchasing or 
building a school-house or houses in the same year that any 
bonded indebtedness is incurred, shall not exceed in districts 
containing less than ten children between the ages of five and 
twenty years, two hundred and fifty dollars; in districts hav- 
ing between ten and thirty children of like age, it shall not 
exceed five hundred dollars; and in districts having between 
thirty and fifty children of like age, it shall not exceed one 
thousand dollars. No legal subdivisions [subdivision] of 
land shall be taxed for building a school-house unless some 
portion thereof shall be within two and one-half miles of said 
school-house site. 

Seventh, To impose such tax as shall be necessary to keep 
their school-house or houses in repair, and to provide the 
necessary appendages and school apparatus, and in districts 
having district libraries, for the support of the same, and to 
pa} r and discharge any debts or liabilities of the district law- 
fully incurred, and also to pay for the services of any district 
officer. The tax herein authorized to be voted shall not ex- 
ceed one-half the amount which the district is authorized to 
raise for building school-houses; 

Eighth, To authorize and direct the sale of any school- 
house, site, building or other property belonging to the dis- 
trict, when the same shall no longer be needed for the use of 
the district; 

Ninth, To give such directions and make such provisions 
as they shall deem necessary in relation to the prosecution or 



STATUTORY PROVISIONS. 21 

defense of any suit or proceeding in which the district may 
be a part}', or interested ; 

Tenth, To appoint, as in their discretion it may be neces- 
sary a building committee to perform such duties in super- 
vising the work of building a school-house as they by vote 
may direct ; 

Eleventh, At the first and the annual meetings only, to de- 
termine the length of time a school shall be taught in their 
district during the ensuing year, which shall not be less than 
nine months in districts having eight hundred children over 
five and under twenty years of age, and not less than five 
months in districts having from thirty to eight hundred chil- 
dren of like ages, nor less than three months in all other dis- 
tricts, on pain of forfeiture of their share of the one-mill tax 
and primary school interest fund; but in case such matters 
shall not be determined at the first or annual meetings, the 
district board shall determine the same ; and in case the dis- 
trict fails to vote for at least the minimum length required 
herein, the district board shall make provisions for said mini- 
mum length of school : 



'D 



Twelfth, To appropriate any surplus moneys arising from 
one mill tax, after having maintained a school in the dis- 
trict at least eight months in the school year, for the purpose 
of purchasing and enlarging school sites, or for building or 
repairing school-houses, or for purchasing books for library, 
globes, maps, and other school apparatus, or for any inci- 
dental expenses of the school. 

CHAPTER III. 

DISTRICT BOARD AND OFFICERS. 

(§28.) Section 1. At the first meeting in each school dis- 
trict there shall be elected by ballot a moderator for the term 
of three years, a director for two years, and an assessor for 
one 3 T ear ; and on the expiration of their respective terms of 
office, and regularly thereafter at the annual meetings, their 

When and for how long a term shall district officers be elected? 



22 MICHIGAN SCHOOL LAW. 

several successors shall be elected in like manner for a term 
of three years each. The time intervening between the first 
meeting in any school district and the first annual meet- 
ing thereafter shall be reckoned as one year. 

(129.) Sec. 2. A school district office shall become vacant 
upon the occurrence of any of the following events : 

First, The death of the incumbent ; 

Second, His resignation ; 

Third, His removal from office ; 

Fourth, His removal from the district ; 

Fifth, His conviction of any infamous crime ; 

Sixth, His election or appointment being declared void by 
a competent tribunal : 

Seventh, His neglect to file his acceptance of office, or to 
give or renew any official bond, according to law. 

(§30.) Sec. 3. In case any one of the district offices be- 
comes vacant, the two remaining officers shall immediately 
fill such vacancy ; or in case two of the offices become va- 
cant, the remaining officer shall immediately call a special 
meeting of the district to fill such vacancies ; In case any 
vacancy is not filled as herein provided within twenty days 
after it shall have occurred, or in case all the offices in a dis- 
trict shall become vacant, the board of school inspectors of 
the township to which the annual reports of such district are 
made shall fill such vacancies. Any person elected or ap- 
pointed to fill a vacancy in a district office shall hold such 
office until the next succeeding annual meeting, at which time 
the voters of the district shall fill such office for the unex- 
pired portion of the term. 

(§ 31.) Sec. 4. Any qualified voter in a school district 
who has property liable to assessment for school taxes shall 
be eligible to election or appointment to office in such school 
district, unless such person be an alien. 

In how many ways may a district office become vacant? How 
may such vacancies be filled? For how long a term can a person- 
appointed hold a district office ? Who are eligible to hold office 9 ' 



STATUTORY PROVISIONS. 23 



(§ 32.) Sec. 5. Within ten days after their election or ap- 
pointment, the several officers of each school district shall 
file with the director written acceptances of the offices to 
which they have been respectively elected or appointed, and 
such acceptances shall be entered in the records of the dis- 
trict by said director. 

(§ 33.) Sec. 6. The moderator, director, and assessor shall 
constitute the district board. Meetings of the board may be 
called by any member thereof by serving on the other mem- 
bers a written notice of the time and place of such meeting 
at least twenty-four hours before such meeting is to take 
place; and no act authorized to be done by the district 
board shall be valid unless voted at a meeting of the board. 
A majority of the members of the board at a meeting thereof 
shall be necessary for the transaction of business. 

(§ 34.) Sec 7. The said district board shall purchase & 
record book and such other books, blanks and stationery as 
may be necessary to keep a record of the proceedings of the 
district meetings and of meetings of the board, the accounts 
of the assessor, and for doing the business of the district in 
an orderly manner. 

(3 35.) Sec. 8. The district board shall purchase or lease, 
in the corporate name of the district such sites for school- 
houses as shall have been lawfully designated, and shall build, 
hire, or purchase such school-houses as may be necessary out 
of the fund provided for that purpose, and make sale of any 
site or other property of the district when lawfully directed 
by the qualified voters; but no district in any case shall build 
a stone or brick school-house upon any site without having 
first obtained a title in fee to the same, or a lease for ninety^ 
nine years ; nor shall any district build a frame school-house 
on any site for which they have not a title in fee or a lease 
for fifty years, without securing the privilege of removing 

Within what time and with whom must the acceptance of 
office be filed ? Will an act of this board be valid unless voted at 
a meeting of the board? Is the board required to purchase record 
books, etc. ? What is said in regard to the purchase of site and 
building of school-house? 



24 MICHIGAN SCHOOL LAW. 



the said school-house when lawfully directed so to do by the 
qualified voters of the district at any annual or special meet- 
ing when lawfully convened. 

(§ 36.) Sec. 9. It shall be the duty of the district board to 
estimate the amount necessary to be raised, in addition to 
other school funds, for the entire support of such schools, 
including teachers' wages, fuel, and other incidental ex- 
penses, and for deficiencies of the previous j T ear for such pur- 
poses. But in districts having less than thirty scholars, such 
estimate, including the districts share of the primary school 
interest fund and one-mill tax, shall not exceed the sum of 
fifty dollars a month for the period during which school is 
held in such district; and when such amount has been esti- 
mated and voted by the district board, it shall be reported 
for assessment and collection the same as other district taxes. 
When a tax has been estimated and voted by the district 
board under the provisions of this section, and is needed be- 
fore it can be collected, the district board may borrow to an 
amount not exceeding the amount of said tax. 

(§ 37.) Sec. 10. The district board shall, between the first 
and third Mondays in September in each year, make out and 
deliver to the township clerk of each township in which any 
part of the district is situated, a report in writing under their 
hands of all taxes voted by the district during the preceding 
year, and of all taxes which said board is authorized to im- 
pose, to be levied on the taxable property of the district. 

(§38.) Sec 11. The district board shall apply and pay 
over all school moneys belonging to the district, in accord- 
ance with the provisions of law regulating the same, and no 
money raised bv district tax shall be used for any other pur- 
pose than that for which it was raised, without a consenting 
vote of two thirds of the tax-paying voters of the district ; 
and no moneys received from the primary school interest 
fund, nor from the one-mill tax, except as provided by law, 

What are the duties of the board in regard raising a tax for the 
support of schools? When may the board borrow money? When 
and to whom shall the board report district taxes? How is the 
board directed to apply moneys? 



STATUTORY PROVISIONS. 25 



shall be appropriated to any other use than the payment of 
teachers' wages, and no part thereof shall be paid to any 
teacher who shall not have received a certificate of qualifica- 
tion from proper legal authority before the commencement of 
his school. No school district shall apply any of the moneys 
received by it from the primary school interest fund, or from 
any and all other sources, for the support and maintenance of 
any school of a sectarian character, whether the same be under 
the control of any religious society, or made sectarian by the 
school district board. 

(§39.) Sec. 12. Said board shall present to the district, at 
each annual meeting, a report in writing, containing an accur- 
ate statement of all moneys of the district received by them, 
or any of them, during the preceding year, and of the dis- 
bursements made by them, with the items of such receipts and 
disbursements. Such report shall also contain a statement of 
all taxes assessed upon taxable property of the district dur- 
ing the preceding year, the purposes for which such taxes 
were assessed, and the amount assessed for each particular 
purpose, and said report shall be entered by the director in 
the records of the district. 

(§40.) Sec. 13. The district board shall hire and contract 
with duly qualified teachers as may be required ; and all con- 
tracts shall be in writing and signed by a majority of the 
board on behalf of the district. Said contracts shall specify 
the wages agreed upon and shall require the teacher to keep 
a correct list of the pupils, and the age of each, attending the 
school, and the number of days each pupil is present, and to 
furnish the director with a correct copy of the same at the 
close of the school. Said contract shall be filed with the direc- 
tor, and a duplicate copy of the contract shall be furnished to 
the teacher. No contract with any person not holding a legal 
certificate of qualification then authorizing such person to 
teach shall be valid, and all such contracts shall terminate, if 



Are sectarian schools barred from the use of public moneys? 
When and to whom shall the board report? Who is directed to 
hire teachers? Give a form of contract. Who are to have copies 
of contracts? Must a teacher have a legal certificate? 



26 MICHIGAN SCHOOL LAW. 

the certificate shall expire by limitation and shall not imme- 
diately be renewed, or if it shall be suspended or revoked by 
proper legal authority. A school month within the meaning 
of the school laws shall consist of four weeks of five days in 
each week, unless otherwise specified in the teacher's contract. 

(HI.) Sec. 14. The district board shall have the care and 
custody of the schoolhouse and other property of the district, 
except so far as the same shall by vote of the district be spec- 
ially confided to the custody of the director, including all 
books purchased for the use of indigent pupils, and shall open 
the schoolhouse for public meetings unless by a vote at a dis- 
trict meeting it shall be determined otherwise: Provided, 
That said board may exclude such public meetings during the 
five school days of each week of any and of all school terms, 
or such parts thereof as in their discretion they may deem for 
the best interest of the schools. 

(H2.) Sec. 15. The district board shall specify the studies 
to be pursued in the schools of the district [districts], and in 
addition to the branches in which instruction is now required 
by law to be given in the public schools of the State, instruc 
tion shall be given in physiology and hygiene with a special 
reference to the nature of alcohol and narcotics and their ef 
fects upon the human system. Such instruction shall be given 
by the aid of text-books in the case of pupils who are able to 
read and as thoroughly as in other studies pursued in the 
same school. The text-books to be used for such instruction 
shall give at least one-fourth of their space to the considera- 
tion of the nature and effects of alcoholic drinks and narcotics, 
and the books used in the highest grade of graded schools 
shall contain at least twenty pages of matter relating to this 
subject. Text-books used in giving the foregoing instruction 
shall first be approved by the State Board of Education. 
Each school board making a selection of text-books under the 
provisions of this act shall make a record thereof in their pro- 
ceedings and text-books once adopted under the provisions of 
j — « 

Define a school month. May the board exclude public meetings 
from the school building? Who shall specify studies and pre- 
scribe text-books ? Give the law in regard to instruction of 
physiology and hygiene. What kind of text-books may be used? 



STATUTORY PROVISIONS. 27 

this act shall not be changed within five years except by the 
consent of a majority of the qualified voters present at an an- 
nual meeting or at a special meeting called for that purpose* 
The district board shall require each teacher in the public 
schools of such district, before placing the school register in 
the hands of the directors [director] as provided in section 
thirteen of this act, to certify therein whether or not instruc- 
tion has been given in the school or grade presided over by 
such teacher, as required by this act, and it shall be the duty 
of the director of the district to file with the township clerk 
a certified copy of such certificate. Any school board neglect- 
ing or refusing to comply with any of the provisions of this 
act, shall be subject to fine or forfeiture the same as for ne- 
glect of any other duty pertaining to their office. This act 
shall apply to all schools in the State, including schools in 
cities or villages, whether incorporated under special charter 
or under the general laws. 

(§43.) Sec. 16. The district board may purchase at the 
expense of the district, such text books as may be necessary 
for the use of children when parents are not able to furnish 
the same, and they shall include the amount of such purchase 
in the report to the township clerk or clerks, to be levied in 
like manner as other district taxes. 

(H4.) Sec. 17. The district board shall have the general 
care of the school, and shall make and enforce suitable rules 
and regulations for its government and management, and for 
the preservation of the property of the district. Said board 
may authorize or order the suspension or expulsion from the 
school, whenever in its judgment the interests of the school 
demand it. of any pupil guilty of gross misdemeanor or persist- 
ent disobedience. Any person who shall disturb any school by 
rude and indecent behavior, or by profane or indecent dis- 
course, or in any other way make such disturbance, shall, on 
conviction thereof, be punished by a fine not less than two 

What provision is made for the purchase of books for poor chil- 
dren? Who is directed to establish rules for the school? May 
the board suspend or expel pupils? What penalty is there for 
disturbing- a school? 1 • 



28 MICHIGAN SCHOOL LAW. 

nor more than fifty dollars, or by imprisonment in the county 
jail not exceeding thirty days. 

(§45.) Sec. 18. All persons residents of any school district, 
and five years of age, shall have an equal right to attend any 
school therein ; and no separate school or department shall 
be kept for any person on account of race or color : Provided, 
That this shall not be construed to prevent the grading of 
schools according to the intellectual progress of the pupil, to 
be taught in separate places as may be deemed expedient. 

(§46.) Sec. 19. The district board may admit to the district 
schools non-resident pupils, and may determine the rates of 
tuition of such pupils and collect the same : Provided, That 
when non-resident pupils, their parents or guardians, pay a 
school tax in said district, the same shall be credited on their 
tuition a sum not to exceed the amount of such tuition, and 
they shall only be required to pay tuition for the difference 
therein. 

MODERATOR. 

(§47.) Sec 20. It shall be the duty of the moderator of 
each school district : 

First. To preside, when present, at all meetings of the dis- 
trict and of the board ; 

Second, To countersign all orders legally drawn by the 
director upon the assessor for moneys to be disbursed by the 
district, and all warrants of the director upon the township 
treasurer for moneys raised for district purposes, or appor- 
tioned to the district by the township clerk ; 

Third, To cause an action to be prosecuted in the name of 
the district on the assessor's bond, in case of any breach of 
any condition thereof ; 

Fourth, To perform such other duties as are or shall be by 
law required of the moderator. 

Who may attend school? Can a separate school be maintained 
on account of race or color? May district schools be graded? 
What is said of non-resident pupils? Mention the duties of the 
Moderator, First. Second. Third. Fourth. 



STATUTORY PROVISIONS. 29* 

DIRECTOR. 

(H8.) Sec. 21. It shall be the duty of the director of each 
school district : 

First, To act as clerk, when present, at all meetings of the 
district and of the board ; 

Second, To record the proceedings of all district meetings, 
and the minutes of all meetings, orders, resolutions, and other 
proceedings of the board, in proper record books ; 

Third, To give the prescribed notice of the annual district 
meeting, and of all such special meetings as he shall be re- 
quired to give notice of in accordance with the provisions of 
law ; 

Fourth, To draw and sign warrants upon the township 
treasurer for all monej's raised for district purposes, or ap- 
portioned to the district by the township clerk, payable to the 
assessor of the district, and orders upon the assessor for all 
moneys to be disbursed by the district, and present them to 
the moderator, to be countersigned by that officer. Each order 
shall specify the object for which, and the fund upon which, 
it is drawn ; 

Fifth, To draw and sign all contracts with teachers, when 
directed by the district board, and present them to the other 
members of the board for further signature ; 

Sixth, To provide the necessary appendages for the school- 
house, and keep the same in good condition and repair during 
the time school shall be taught therein : Provided, That noth- 
ing herein contained shall be construed to authorize the direc- 
tor to purchase charts or any apparatus to be used in the school- 
room without a vote of the district authorizing the same ; 

Seventh, To keep an accurate account of all expenses in- 
curred by him as director, and such account shall be audited 
by the moderator and assessor, and on their written order 
shall be paid out of any money provided for the purpose ; 

Mention the duties of the director, First. Second. Third, 
Fourth. Fifth. Sixth. Seventh. Eighth. Ninth. Tenth. 



30 MICHIGAN SCHOOL LAW. 

Eighth, To present at each annual meeting an estimate of 
the expenses necessary to be incurred during the ensuing year 
by the director as provided by law, and for payment of the 
services of any district officer ; 

Ninth, To preserve and file copies of all reports made to the 
school inspectors, and safely preserve and keep all books, 
papers, and other documents belonging to the office of direc- 
tor, or to the district when not otherwise provided for, and 
to deliver the same to his successor in office ; 

Tenth, To perform such other duties as are or shall be re- 
quired of the director by law or the district board. 

(§49.) Sec. 22. It shall be the duty of the director, or such 
other person as the district board may appoint, within ten days 
next previous to the first Monday in September in each year, 
to take the census of the district, and make a list in writing 
of the names and ages of all the children between the ages of 
five and twenty years residing therein, and a copy of said list 
shall be verified by the oath or affirmation of the person tak- 
ing such census, by affidavit appended thereto or indorsed 
thereon, setting forth that it is a correct list of the names of 
all the children between the ages aforesaid residing in the dis- 
trict, which affidavit may be made before the clerk of the 
township ; and said list shall be returned with the annual re- 
port of the director to the township clerk. Children in alms- 
houses, prisons, or asylums, not otherwise residents of the 
district, and not attending the school, shall not be included in 
the said census ; nor shall Indian children be so included un- 
less they attend the school, or their parents are liable to pay 
taxes therein. 

(§50.) Sec. 23. The directors shall also, at the end of the 
school year, and previous to the second Monday in Septem- 
ber in each year, deliver to the township clerk, to be filed in 
"his office, a report to the board of school inspectors of the 
township, showing : 

Explain the manner in which the school census is to be taken. 
What children not to be included? The annual report of the 
directors shall include, First? Second? Third? Fourth? Fifth? 
Sixth? Seventh? Eighth? 'Ninth? Tenth? 



STATUTO RY PROVISIONS. 31 

First, The whole number of children belonging to the dis 
trict between the ages of five and twenty years, according to 
the census taken as aforesaid ; 

Second, The number attending school during the year un- 
der five, and also the number over twenty years of age ; 

Third, The number of non-resident pupils of the district 
that have attended school during the year ■ 

Fourth, The whole number that have attended school dur- 
ing the year y 

Fifth, The length of time the school has been taught dur- 
ing the year by a qualified teacher, the name of each teacher 
the length of time taught by each, and the wages paid to' 
eacn i 

Sixth, The average' length of time scholars, between five 
and twenty years of age have attended school durino- the 
year ; ° 

Seventh, The amount of money received from the town- 
ship treasurer apportioned to the district by the township 
cierii. 

Eighth, The amount of money raised by the district, and 
the purposes for which it was raised ; 

Ninth, The kind of books used in the school ; 

lenth, Such other facts and statistics in regard to the 
schools and the subject of education as the superintendent 
ot public instruction shall direct. 

(§51.) Sec. 24. The director of each fractional district 
shall make his annual report to the clerk of the township in 
which the school-house is situated, and shall also report to 
the clerk of each township in which the district is in part 
situated, the number of children between the ages of five and 
twenty years in that part of the district lying in such town- 
snip. 



To whom shall the director of a fractional district report? 



32 MICHIGAN SCHOOL LAW. 

ASSESSOR. 

(§52.) Sec. 25. It shall be the duty of the assessor of 
each school district : 

First, To execute to the district and file with the director 
within ten days after his election or appointment a bond in 
double the amount of money to come into his hands as such 
assessor during his term of office, as near as the same can be 
ascertained, with two sufficient sureties, to be approved by 
the moderator and director, conditioned for the faithful ap- 
plication of all moneys that shall come into his»hands by vir- 
tue of his office as required by the provisions of this act. 
Said bond shall be filed with the director, and in case of any 
breach of the condition thereof, the moderator shall cause a 
suit to be commenced thereon in the name of the district, and 
any moneys collected thereon shall be paid into the township 
treasury, subject to the order of the district officers, and shall 
be applied to the same purposes as the moneys lost should 
have been applied by the assessor ; 

Second, To pay all orders of the director, when lawfully 
drawn and countersigned by the moderator, out of any 
moneys in his hands belonging to the fund upon which such 
orders may be drawn ; 

Third, To keep a book in which all the moneys received 
and disbursed shall be entered, the sources from which the 
same have been received, and the persons to whom and the 
objects for which the same have been paid ; 

Fourth, To present to the district board at the close of the 
school year a report in writing, containing a statement of 
all moneys received during the preceding year and of each 
item of disbursements made, and exhibit the voucher there- 
for ; 

Fifth, To appear for and on behalf of the district in all 
suits brought by or against the same, when no other direc- 
tions shall be given by the qualified voters in district meet- 
ing, except in suits in which he is interested adversely to the 

Mention the duties of the assessor, First. Second. Third. 
Fourth. Fifth. Sixth. Seventh. 



STATUTORY PROVISIONS. 33: 

district, and in all such cases the moderator shall appear for 
such district, if no other direction be given as aforesaid; 

Sixth, At the close of his term of office to settle with the 
district board, and deliver to his successor in office all books, 
vouchers, orders, documents, and papers belonging to the of- 
fice of assessor, together with all district moneys remaining 
on hand; 

Seventh, To perform such other duties as are or shall be by 
law required of the assessor. 

CHAPTER IV. 

TOWNSHIP OFFICERS. 
TOWNSHIP BOARD OF SCHOOL INSPECTORS. 

(153.) Section 1. The school inspectors of each township, 
together with the township clerk, shall constitute the town- 
ship board of school inspectors. Said board shall meet 
within twenty days after the first Monday in April in each 
year, and elect one of their number, other than the township 
clerk, chairman of said board, and the township clerk shall 
be the clerk thereof. 

(§54 ) Sec. 2. The chairman of said board shall be the 
treasurer thereof, and shall give bond to the township in 
double the amount of moneys to come into his hands during 
his term of office, as near as the same can be ascertained, 
with two sufficient sureties, to be approved by the township 
clerk, conditioned for the faithful appropriation of all mon- 
eys that may come into his hands by virtue of his office. 
Said bond shall be filed with the township clerk, and in case 
of the non-fulfillment thereof, said clerk shall cause a suit to 
be commenced thereon, and the moneys collected in such suit 
shall be paid into the township treasury, and shall be applied 
to the same purposes as the moneys lost should have been 
applied 05- said treasurer of the board of school inspectors 

($55.) Sec. 3. On the third Monday in September in each 
year, the inspectors shall make triplicate reports, setting forth 

Of what shall the board of school inspectors consist? "When 
shall the board make triplicate reports? 



34 MICHIGAN SCHOOL LAW. 

the whole number of districts in their township, the amount 
of money raised and received for township and district li- 
braries, and such other items as shall from year to year be 
required by the Superintendent of Public Instruction, togeth- 
er with the several particulars set forth in the reports of the 
school directors for the preceding year; and the township 
clerk shall, within ten days thereaiter, forward two copies of 
the same to the secretary of the county board of school ex- 
aminers, and file the other copy in his office. 

(§56.) Sec. 4. It shall be the duty of the school inspectors, 
before making their annual report, as required b}^ the preced- 
ing section, to examine the list of legall}* qualified teachers 
on file in the office of the township clerk, and if in any school 
district a school shall not have been taught for the time re- 
quired by law during the preceding school year by a legally 
qualified teacher, no part of the public money shall be dis- 
tributed to such district, although the report from such dis- 
trict shall set forth that a school has been so taught; and it 
shall be the duty of the board to certify to the facts in re- 
lation to any such district in their annual report. 

(§57.) Sec. 5. It shall be the duty of the board of inspect- 
ors to render to the township board, on the Tuesday next pre- 
ceding the annual township meeting, a full and true account 
of all moneys received and disbursed by them as such in- 
spectors during the year, which account shall be settled by 
said township board, and such disbursements allowed, if the 
proper vouchers are presented. 

(§58.) Sec. 6. The whole number of meetings of the town- 
ship board of school inspectors at the expense of the town- 
ship, during any one school year, shall not exceed eight; but 
this shall not be construed to prevent said board holding 
further meetings in case of necessity, provided no expense to 
the township be incurred. 



Mention the contents and disposition of reports. Are the inspec- 
tors to report districts not employing qualified teachers? Mention 
v other duties. 



STATUTORY PROVISIONS. 35 

TOWNSHIP CLERK. 

(359.) Sec. 7. The township clerk shall be the clerk of the 
board of school inspectors b}~ virtue of his office, and shall 
attend all meetings of said board, and, under their direction, 
prepare all their reports and record the same, and shall record 
nil their proceedings. He shall also receive and keep all re- 
ports to inspectors from the directors of the several school 
districts in his township, and all the books and papers be- 
longing to the inspectors, and file such papers in his office; 
and he shall receive all such communications, blanks and 
documents as may be transmitted to him by the superintend- 
ent of public instruction, and dispose of the same in the 
manner directed by said superintendent, 

(§60.) Sec. 8. It shall be the duty of the township clerk 
annually, immediately after the organization of the board of 
school inspectors of his township, to transmit to the county 
clerk a certified statement of the name and postoffice address 
of the chairman of said board, and in case there shall be a 
change in such chairman during the year, he shall immedi- 
ately notify the county clerk of such change. 

(§61.) Sec. 9. Each township clerk shall cause a map to be 
made of his township, showing by distinct lines thereon the 
boundaries of each school district, and parts of school dis- 
tricts therein, and shall regularly number the same thereon 
as established by the inspectors. One copy of such map 
shall be filed by the said clerk in his office, and the other 
copy he shall file with the supervisor of the township; and 
within one month after any division or alteration of a dis- 
trict, or the organization of a new one in his township, the 
said clerk shall file a new map and copy thereof as aforesaid, 
showing the same. 

(162.) Sec. 10. It shall be the duty of the township clerk 
of each township, on or before the first da}* of October of 
each year, to make and deliver to the supervisor of his town- 
ship a certified copy of all statements on file in his office of 
moneys proposed to be raised by taxation in each of the 

Mention some of the duties of the township clerk in relation to 
the district schools. 



36 MICHIGAN SCHOOL LAW. 

several school districts of the township for school pur- 
poses. He shall also certify to the supervisor the amount 
to be assessed upon the taxable property of any school dis- 
trict retaining the district school-house or other prop- 
erty, on the division of the district, as the same shall have 
been determined by the inspectors, and he shall also certify 
the same to the director of such district, and to the director 
of the district entitled thereto. 

(§63.) Sec. 11. On receiving notice from the county treas- 
urer of the amount of school moneys apportioned to his 
township, the township clerk shall apportion the same 
amount to the several districts therein entitled to the same, 
in proportion to the number of children in each, between the 
ages of five and twenty years, as the same shall be shown by 
the annual report of 'the director of each district for the 
school year closing prior to the May apportionment. 

(§64.) Sec 12. Said clerk shall also apportion to the 
school districts in his township, as required by law, on re- 
ceiving notice of the amount from the township treasurer, all 
moneys raised by township tax , or received from other sources, 
for the support of schools ; and in all cases make out and de- 
liver to the township treasurer a written statement of the 
number of children in each district drawing money, and the 
amount apportioned to each district, and record the appor- 
tionment in his office; and whenever an apportionment of the 
primary school interest fund, or moneys raised by tax, or re- 
ceived from other resources, is made, he shall give notice of 
the amount to be received by each district to the director 
thereof. 

TOWNSHIP SUPERVISOR AND> TREASURER. 

(§65.) Sec 13. It shall be the duty of the supervisor of 
the township to assess the taxes voted by every school dis- 
trict in his township, and also all other taxes provided for in 
this act, chargeable against such district or township, upon 

Give a brief description of the duties of the township super- 
visor in regard to the assessment and collection of district taxes. 



STATUTORY PROVISIONS. 37 

the taxable property of the district or township respectively, 
and to place the same on the township assessment roll in the 
column for school taxes, and the same shall be collected and 
returned by the township treasurer in the same manner and 
for the same compensation as township taxes. If anj 7 taxes 
provided for by law for school purposes shall fail to be as- 
sessed at the proper time, the same shall be assessed in the 
succeeding year. 

($66.) Sec. 14. The supervisor shall also assess upon the 
taxable property of his township one mill upon each dollar of 
the valuation thereof in each year, and report the aggregate 
valuation of each district to the township clerk, who shall re- 
port said amount to the director of each school district, in 
his township, or to the director of any fractional school dis- 
trict, a portion of which may be located in said township, 
before the first day of September of each year, and all 
moneys so raised shall be apportioned by the township clerk 
to the district in which it was raised; and all money collected 
by virtue of this act during the year on any property not in- 
cluded in any organized district, or in districts not having, 
during the previous school year, three months' school in dis- 
tricts having less than thirty children, or five months' school 
in districts having thirty and less than eight hundred chil- 
dren, or nine months' school in districts having eight hundred 
or more children, as shown by the last school census, shall be 
apportioned to the several other school districts of said town- 
ship, in the same manner as the primary school interest fund 
is now apportioned. All moneys accruing from the one mill 
tax in any township, before any district shall have a legal 
school therein, shall belong to the district in which it was 
raised, when they shall severally have had a three months' 
school by a qualified teacher. 

(367.) Sec. 15. The amount to be assessed upon the tax- 
able property of any school district retaining the school- 
house or other property, on the division of a district, as the 
same shall have been determined by the inspectors, shall be 
assessed by the supervisor in the same manner as if the same 
had been authorized by a vote of such district ; and the 
money so assessed shall be placed to the credit of the taxable 



38 MICHIGAN SCHOOL LAW. 

property taken from the former district, and shall be in re- 
duction of any tax imposed in the new district on said tax- 
able property for school district purposes: Provided, That 
if the district retaining the school-house shall vote to pay, 
and shall pay, before said taxes are assessed, any portion of 
said amount to the new district, said amount, as shall be cer- 
tified by the moderator and director of the new district to the 
supervisor, shall be deducted from the amount to be assessed 
as provided in this section. When collected such amount 
shall be paid over to the. assessor of the new district, to be ap- 
plied to the use thereof in the same manner, under the direc- 
tion of its proper officers, as if such sum had been voted and 
raised by said district for building a school-house or other 
district purposes. 

(§68.) Sec. 16. The full amount of all taxes to be levied 
upon the taxable property in a fractional school district shall 
be certified by the district board to the township clerk of 
each township in which such district is in part situated, and 
by such township clerks to the supervisors of their respective 
townships, and it shall be the dut} 7 of each of said supervis- 
ors to certify to each other supervisor interested the amount 
of taxable property in that part of the district lying in his 
township : Provided, That when there exists a manifest dif- 
ference in the valuation of property assessed in fractional 
districts, composed of territory in adjoining townships or 
counties, such valuation shall be equalized for this specific 
purpose by the supervisors of the townships interested, at a 
joint meeting held for that purpose, on application of either 
of the supervisors of said townships. And such supervisors 
shall respectively ascertain the proportion of such taxes, in- 
cluding mill tax, to be placed on their respective assessment 
rolls, according to the amount of taxable property in each 
part of such district. And if said supervisors cannot agree 
as to the proportion of such taxes to be placed on their re- 
spective assessment rolls, a supervisor from an adjoining 
township shall be called to meet with said supervisors in said 
fractional district and assist in equalizing said valuation. 
Said supervisor to be paid at the rate of three dollars per 
diem for the time necessarily employed in attendance at such 



STATUTORY PROVISIONS. 39 



meeting of the supervisors, and all necessary traveling ex- 
penses, by the townships in interest. 

(§69.) Sec. 17. The supervisors, on delivery of the war- 
rant for collection of taxes to the township treasurer, shall 
also deliver to said treasurer, a written statement of the 
amount of school and library taxes, the amount raised for 
district purposes on the taxable property of each district in 
the township, the amount belonging to any new district on 
the division of the former district, and the names of all per- 
sons having judgments assessed under the provisions of this 
act upon Vne taxable property of any district, with the 
amount payable to such person on account thereof. 

(§70.) Sec. 18. The supervisor of each township, on the 
delivery of the warrant for the collection of taxes to the 
township treasurer, shall also deliver to said treasurer a writ- 
ten statement, certified by him, of the amount of the one-mill 
tax levied upon any property lying within the bounds of a 
fractional school district, a part of which is situate within 
his township, and the returns of which are made to the clerk 
of some other township: and the said township treasurer 
shall pay to the township treasurer of such other township 
the amount of the taxes so levied and certified to him for the 
use of such fractional school district. 

(§71.) Sec. 19. Whenever any portion of a school district 
shall be set off and annexed to any other district, or organ- 
ized into a new one, after a tax for district purposes other 
than the payment of any debts of the district shall have been 
levied upon" the taxable property thereof, but not collected, 
such tax shall be collected in the same manner as if no part 
of such district had been set off, and the said former district, 
and the district to which the portion so set off may be an- 
nexed or the new district organized from such portion, shall 
each be entitled to such proportion of said tax as the amount 
of taxable property in each part thereof bears to the whole 
amount of taxable" property on which such tax is levied. 

(§72.) Sec 20. The township treasurer shall retain in his 
hands, out of the moneys collected by him, after deducting 
the amount of tax for township expenses, the full amount of 



40 MICHIGAN SCHOOL LAW. 



the school taxes on the assessment roll, and hold the same 
subject to the warrant of the proper district officers, to the 
order of the school inspectors, or of the persons entitled 
thereto, and give a written notice to the township clerk of the 
amount. 

(§73.) Sec. 21. The township treasurer shall, from time to 
time, apply to the county treasurer for all school and library 
moneys belonging to his township, or the districts thereof; 
and on receipt of the moneys to be apportioned to the dis- 
tricts, he shall notify the township clerk of the amount to be 
apportioned. 

(§74.) Sec. 22. Each treasurer of a township, to the clerk 
of which the returns of any fractional school district shall be 
made, shall apply to the treasurer of any other township in 
which any part of such fractional school district may be sit- 
uated, for any money to which such district may be entitled; 
and when so received it shall be certified to the township 
clerk, and apportioned in the same manner as other taxes for 
school purposes. 

CHAPTER Y. 

COUNTY CLERK AND TREASURER. 

(§75.) Section 1. It shall be the duty of each county clerk 
to receive all such communications, blanks and documents as 
may be directed to him by the superintendent of public in- 
struction, and dispose of the same in the manner directed by 
said superintendent. 

(§76.) Sec 2. The clerk of each county shall, on receiving 
from the secretary of the county board of school examiners 
the annual reports of the several boards of school inspectors 
file the same in his office. On receiving notice from the su- 
perintendent of public instruction of the amount of moneys 
apportioned to the several townships in his county, he shall 
file the same in his office, and forthwith deliver a copy there- 
of to the county treasurer. 

Mention some of the duties of the township treasurer in relation 
to the district schools. Mention some of the duties of the county 
clerk and treasurer in relation to the district schools. 



STATUTORY PROVISIONS. 41 



(377.) Sec. 3. The several county treasurers shall apply for 
and receive such moneys as shall have been apportioned to 
their respective counties, when the same shall become due- 
and each of said treasurers shall immediately give notice to 
the treasurer and clerk of each township in "his county, of 
the amount of school moneys apportioned to his township 
and shall hold the same subject to the order of the township 
treasurer. 

CHAPTER VI. 

BONDED INDEBTEDNESS OF DISTRICTS. 

(§78.) Section 1. Any school district may, by a two-thirds 
vote of the qualified electors of said district present at any 
annual meeting, or a special meeting called for that purpose, 
borrow money, and may issue bonds of the district therefor,' 
to pay for a school-house site or sites, and to erect and fur- 
nish school buildings as follows : Districts having less than 
thirty children between five and twenty years of age may have 
an indebtedness not to exceed three hundred dollars ; dis- 
tricts having thirty children of like age mav have an indebt- 
edness not to exceed five hundred dollars"; districts having 
fifty children of like age may have an indebtedness not to ex- 
ceed one thousand dollars ; districts having seventy-five chil- 
dren of like age may have an indebtedness not to exceed two 
thousand dollars : districts having one hundred children of 
like age may have an indebtedness not to exceed three thous- 
and dollars ; districts having one hundred and twenty-five 
children of like age, and with an assessed valuation of not less 
than one hundred and fifty thousand dollars, mav have an in- 
debtedness not to exceed five thousand dollars ; "districts hav- 
ing two hundred children of like age may have an indebted- 
ness not to exceed eight thousand dollars: districts having 
three hundred children of like age may have an indebtedness 
not to exceed fifteen thousand dollars; districts having four 
hundred children of like age may have an indebtedness not to 
exceed twenty thousand dollars; districts having five hundred 
children of like age may have an indebtedness not to exceed 

How may districts borrow money? 



42 MICHIGAN SCHOOL LAW. 

twent} T -five thousand dollars ; and districts having eight hun- 
dren children or more of like age may have an indebtedness 
not to exceed thirty thousand dollars : Provided, That the 
indebtedness of a district shall in no case extend beyond ten 
years for money borrowed : Provided further, That in all 
proceedings under this section the director, assessor, and one 
person appointed by the district board, shall constitute a 
board of inspection, who shall cause a poll-list to be kept, and 
a suitable ballot-box to be used, which shall be kept open two 
hours, and said ballotings shall be conducted in the same 
manner as at township elections. 

(179.) Sec. 2. Whenever any school district shall have 
voted to borrow any sum of money, the district board of such 
district is hereby authorized to issue the bonds of such dis- 
trict, in such form, and executed in such manner by the mod- 
erator and director of such district, and in such sums, not less 
than fifty dollars, as such district board shall direct, and with 
such rate of interest, not exceeding eight per centum per an- 
num, and payable at such time or times as the said district 
shall have directed. 

(§80.) Sec. 3. Whenever any money shall have been bor- 
rowed by any school district, the taxable inhabitants of such 
district are hereby authorized at any regular meeting of such 
district to impose a tax on the taxable property in such dis- 
trict, for the purpose of paying the principal thus borrowed, 
or any part thereof, and the interest thereon, to be levied and 
collected as other school district taxes are collected. 

(§81.) Seo. 4. Airy school district, whenever it shall appear 
that the same can be done on terms advantageous to said dis- 
trict, may borrow money to pay any bonded indebtedness of 
said district then existing, and issue further bonds of said 
district therefor: Provided, That a majority of the qualified 
A'Oters of said district shall so determine, at an annual or 
special meeting called for that purpose; and that the notice 
of such meeting, whether annual or special, shall state the 
iutention to take such vote. 



May a district borrow to pay bonds and issue further bonds? 



STATUTORY PROVISIONS. 4& 

CHAPTER VII. 

SUITS AND JUDGMENTS AGAINST DISTRICTS. 

(182.) Section 1. Justices of the peace shall have juris- 
diction in all cases of assumpsit, debt, covenant and trespass 
on the case against school districts, when the amount claimed, 
or matter in controversy shall not exceed one hundred dol- 
lars ; and the parties shall have the same right of appeal as 
in other cases. 

(§83.) Sec. 2. When any suit shall be brought against a 
school district, it shall be commenced by summons, a copy of 
which shall be left with the assessor of the district at least 
eight days before the return day thereof. 

(§84) Sec. 3. No execution shall issue on any judgment 
against a school district, nor shall any suit be brought there- 
on, but the same shall be collected in the manner prescribed 
in this act. 

(§85.) Sec. 4. Whenever any final judgment shall be ob- 
tained against a school district, if the same shall not be re- 
moved to any other court, the assessor of the district shall 
certify to the supervisor of the township and to the director 
of the district, the date and amount of such judgment, with 
the name of the person in whose favor the same was rendered,, 
and if the judgment shall be removed to another court, the 
assessor shall certify the same as aforesaid, immediately after 
the final determination thereof against the district. 

(§86.) Sec 5. If the assessor shall fail to certify the judg- 
ment as required in the preceding section, it shall be lawful 
for the party obtaining the same, his executors, administrators 
or assigns to file with the supervisor the certificate of the jus- 
tice or clerk of the court rendering the judgment showing the 
facts which should have been certified by the assessor. 

(§87.) Sec 6. If the district against whom any such judg- 
ment shall be rendered is situated in part in two or more 
townships, a certificate thereof shall be delivered as aforesaid 
to the supervisor of each township in which such district is 
in part situated. 

How shall a suit against a district be commenced? 



44 MICHIGAN SCHOOL LAW. 

(§88.) Sec. 7. The supervisor or supervisors receiving 
either of the certificates of a judgment as aforesaid shall pro- 
ceed to assess the amount thereof, with interest from the date 
of the judgment to the time when the warrant for the collec- 
tion thereof will expire, upon the taxable property of the dis- 
trict, placing the same on the next township assessment roll 
in the column for school taxes; and the same proceedings 
shall be had, and the same shall be collected and returned in 
the same manner as other district taxes. 

CHAPTER VIII. 

SITES FOR SCHOOL-HOUSES. 

(§89.) Section 1. The qualified voters of any school dis 
trict, when lawfully assembled, may designate by a vote of 
two-thirds of those present, such a number of sites as may be 
desired for school-houses, and ma} 7 change the same by a 
similar vote at any annual meeting. When no site can be 
established by such inhabitants as aforesaid, the school in- 
spectors of the township or townships in which the district is 
situated shall determine where such site shall be, and their 
determination shall be certified to the director of the district, 
and shall be final, subject to alteration afterward by the in- 
spectors, on the written request of two-thirds of the qualified 
voters of the district, or by two-thirds of the qualified voters 
agreeing upon a site, at a district meeting lawfully called. 

(§90.) Sec. 2. Whenever a site for a school house shall be 
designated, determined or established, in any manner pro- 
vided by law, in any school district, and such district shall 
be unable to agree with the owner or owners of such site upon 
the compensation to be paid therefor, or in case such district 
shall, by reason of any imperfection in the title to said site, 
arising either from break in the chain of title, tax sale, mort- 
gages, levies or any other cause, be unable to procure a per- 
fect unincumbered title, in fee simple to said site, the district 
board of such district shall authorize one or more of its mem- 
May supervisors assess amount of judgment? Who shall desig- 
nate sites for school buildings? Howshail the compensation for a 
site be arranged in case of a disagreement? 



STATUTORY PROVISIONS. 4fr 

bers to apply to the circuit judge, if there be one in the 
county, or to a circuit court commissioner of the county, or 
to any justice of the peace of the city or township in which 
such school district shall be situated, for a jur} T to ascertain 
and determine the just compensation to be made for the real 
estate required by such school district for such site, and the 
necessity for using the same, which application shall be in 
writing, and shall describe the real estate required b} 7 such 
district as accurately as is required in a conveyance of real 
estate: Provided, That whenever any school district shall 
have designated, selected or established, in any manner pro- 
vided by law, a school-house site, such selection, designation, 
or establishment shall be prima facie evidence to said juiy of 
the necessity to use the site so established. 

(£91.) Sec. 3. It shall be the duty of such circuit judge, 
circuit court commissioner, or justice of the peace, upon such 
application being made to him, to issue a summons or venire, 
directed to the .sheriff or any constable of the county, com- 
manding him to summon eighteen freeholders residiDg in the 
vicinity of such site, who are in no wise a kin to the owner 
of such real estate, and not interested therein, to appear be- 
fore such judge, commissioner, or justice, at the time and 
place therein named, not less than twenty nor more than fifty 
days from the time of issuing such summons or venire, as a 
jury to ascertain and determine the just compensation to be 
made for the real estate required by such school district for 
such site, and the necessity for using the same, and to notify 
the owner or occupant of such real estate, if he can be found 
in the county, of the time when and the place where such jury 
is summoned to appear, and the object for which such jury is 
summoned; which notice shall be served at least ten days be- 
fore the time specified in such summons or venire for the jury 
to appear as hereinbefore mentioned. 

(192.) Sec. .4. Thirty days' previous notice of the time 
when and the place where such jury will assemble shall be 
given by the district board of such district, where the owner 
or owners of such real estate shall be unknown, non-residents 

When the owner is unknown, insane, non compos mentis, or an, 
infant, or cannot be found, what is the course of procedure? 



46 MICHIGAN SCHOOL LAW. 

of the county, minors, insane, non compos mentis, or inmates 
of any prison, by publishing the same in a newspaper pub- 
lished in the county where such real estate is situated ; or if 
there be no newspaper published in such county, then in some 
newspaper published in the nearest county where a newspaper 
is published, once in each week for four successive weeks, 
which notice shall be signed by the district board or by the 
director or assessor of such district, and shall describe the 
real estate required for such site, and state the time when and 
place where such jury will assemble, and the object for 
which they will assemble ; or such notice may be served on 
such owner personally, or by leaving a copy thereof at his 
last place of residence. 

(§93.) Sec. 5. It shall be the duty of such judge, com- 
missioner, or justice, and of the persons summoned as jurors, 
as hereinbefore provided, and of the sheriff or constable sum- 
moning them, to attend at the time and the place specified in 
such summons or venire ; and the officer who summoned the 
jury shall return such summons or venire to the officer who 
issued the same, with the names of the persons summoned by 
him as jurors, and shall certify the manner of notifying 
the owner or owners of such real estate, if he was found; and 
if he could not be found in said county, he shall certify that 
fact. Either party may challenge any of the said jurors for 
the same causes as in civil actions. If more than twelve of 
said jurors in attendance shall be found qualified to serve as 
jurors, the officer in attendance, and who issued the sum- 
mons or venire for such jury, shall strike from the list of 
jurors a sufficient number to reduce the number of jurors in 
attendance to twelve; and in case less than twelve of the num- 
ber so summoned as jurors shall attend, the sheriff or con- 
stable shall summon a sufficient number of freeholders to 
make up the number of twelve ; and the officer issuing the 
summons or venire for such jury, may issue an attachment 
for any person summoned as a juror who shall fail to attend, 
and may enforce obedience to such summons, venire, or attach- 
ment, as courts of record, or justices' courts are authorized to 
do in civil cases. 

(§94.) Sec 6. The twelve persons selected as the jury shall 



STATUTORY PROVISIONS. 47 

be duly sworn by the judge, commissioner, or justice in at- 
tendance, faithfully and impartially to inquire, ascertain and 
determine the just compensation to be made for the real es- 
tate required by such school district for such site, and the 
necessity for using the same in the manner proposed by such 
school district ; and the persons thus sworn shall constitute 
the jury in such case. Subpoenas for witnesses may be issued, 
and their attendance compelled by such circuit judge, com- 
missioner, or justice in the same manner as may be done by 
the circuit court or by a justice's court in civil cases. The 
jury may visit and examine the premises, and, from such ex- 
amination and such other evidences as may be presented be- 
fore them, shall ascertain and determine the necessity for 
using such real estate in the manner and for the purpose 
proposed by such school district, and the just compensation 
to be made therefor ; and if such jury shall find that it is 
necessaiy that such real estate shall be used in the man- 
ner or for the purpose proposed by such school district, they 
shall sign a certificate in writing, stating that it is neccessary 
that said real estate, describing it, should be used as a 
site for a school-house for such district , also stating the 
sum to be paid by such school district as the just compensa- 
tion for the same. The said circuit judge, circuit court com- 
missioner or justice of the peace, shall sign and attach to, and 
indorse upon the certificate thus subscribed by the said jurors, 
a certificate stating the time when and the place where the 
said jury assembled, that they were by him duly sworn as 
herein required, and that they subscribed the said certificate. 
He shall also state in such certificate who appeared for the 
respective parties on such hearing and inquiry, and shall de- 
liver such certificates to the director, or to any member of the 
district board of such school district. 

(§95.) Sec. 7. Upon filing such certificates in the circuit 
court of the county where such real estate is situated, such 
court shall, ii it finds all the proceedings regular, render judg- 
ment for the sum specified in the certificate signed by such 
jury, against such school district, which judgment shall be 
collected and paid in the manner as other judgments against 
school districts are collected and paid. 



48 MICHIGAN SCHOOL LAW 



(§96.) Sec. 8. In case the owner of such real estate shall 
be unknown, insane, non compos mentis, or an infant, or can- 
not be found within such county, it shall be lawful for the 
said school district to deposit the amount of such judgment 
with the county treasurer of such county, for the use of the 
person or persons entitled thereto ; and it shall be the duty 
of such county treasurer to receive such money, and at the 
time of receiving it, to give a receipt or certificate to the per- 
son depositing the same with him, stating the time when 
such deposit was made, and ior what purpose ; and such 
county treasurer and his sureties shall be liable on his bond 
for any money which shall come into his hands under the 
provisions of this act, in case he shall refuse to pay or 
account for the same, as herein required : Provided, That no 
such money shall be drawn from such county treasurer, 
except upon an order of the circuit court, circuit court com- 
missioner or judge of probate, as hereinafter provided. 

(§97.) Sec. 9. Upon satisfactory evidence being presented 
to the circuit court of the county where such real estate lies, 
that such judgment, or the sum ascertained and determined 
by the jury as the just compensation to be paid by such dis- 
trict for such site, has been paid, or that the amount thereof 
has been deposited according to the provisions of the pre- 
ceding sections, such court shall, by an order or decree, 
adjudge and determine that the title in fee of such real 
estate shall, fiom the time of making such payment or 
deposit, forever thereafter be vested in such school district 
and its successors and assigns, and shall, in and by such 
order or decree, award to such school district a writ of pos- 
session for the recovery of the possession of such real estate; 
a copy of which order or decree, certified by the clerk of said 
county, shall be recorded in the office of the register of deeds 
of such county, and the title of such real estate ahall thence- 
forth, from the time of making such payment or deposit, be 
vested forever thereafter in such school district, and its suc- 
cessors and assigns in fee. 

(§98.) Sec 10. Such school district may, at any time after 
making payment or deposit hereinbefore required, enter upon 
and take possession of such real estate for the use of said 



STATUTORY PROVISIONS. 49 

district. And it shall be the duty of the county clerk of said 
county, on the request of said school district, to issue out of 
and under the seal of the circuit court of said county a writ 
of possession as awarded in such order or decree ; which 
writ shall be directed to the sheriff of said county, and shall 
be tested and made returnable, and shall be substantially, so 
far as may be, in the same form provided for writs of pos- 
session in actions of ejectment ; and it shall be the duty of 
such sheriff thereupon to remove the respondent or respon- 
dents in such proceedings, and all persons holding under 
them or either of them, from the real estate described in 
such decree and in sack writ, and de'iver the possession 
thereof with the appurtenances to such school district. 

(199.) Sec. 11. In case the jury hereinbefore provided for 
shall not agree, another jury may be summoned in the same 
manner, and the same proceedings ma}' be had, except that 
no further notice of the proceedings shall be necessary ; but 
instead of such notice, the judge, commissioner or justice 
may adjourn the proceedings to such time as he shall think 
reasonable, not exceeding thirty days, and shall make the 
process to summon a jury returnable at such time and place 
as the said proceedings shall be adjourned to. Such pro- 
ceedings may be adjourned from time to time by the said 
judge, or commissioner, or justice, on the application of 
either party, and for good cause, to be shown by the party 
applying for such adjournment, unless the other party shall 
consent to such adjournment : but such adjournments shall 
not in all exceed three months. 

(§100.) Sec. 12. In case the said school house site is en- 
cumbered by mortgage, levy, tax sale, or otherwise as afore- 
said, the mortagee, or other parties claiming to be interested 
in said title shall severalty be made a party to the procedure 
as aforesaid, and shall be authorized upon the riling of the 
certificate of the jury in the circuit court of said county, to 
appear before the circuit judge and make proof relative 
to their proportionate claims to the said site, or the compen- 
sation to be made therefor as determined by said jury. 

TThen a jury disagrees may a new jury be summoned? 



50 MICHIGAN SCHOOL LAW. 

And the said circuit judge shall, by decree, settle their sev- 
eral claims in accordance with the rights of the parties 
respectively, and may divide the sum awarded by said jury 
between the claimants as in Jiis judgment will be equitable 
and right, rendering against said district a separate judgment 
for each of the amounts so awarded. 

(§101.) Sec. 13. The circuit judge, judge of probate, or 
circuit court commissioner of smy count}^ where airy money 
has been deposited with the county treasurer of such county, 
as hereinbefore provided, shall, upon the written application 
of any person or persons entitled to such mone} 7 , and upon 
receiving satisfactory evidence of the right of such applicant 
to the money thus deposited, make an order, directing the 
county treasurer to pay the money thus deposited with him 
to said applicant ; and it shall be the duty of such county 
treasurer, on the presentation of such order, with the receipt 
of the person named therein indorsed on said order and duly 
acknowledged, in the same manner as conveyances of real 
estate are required to be acknowledged, to pay the same ; 
and such order, with the receipt of the applicant or person iu 
whose favor the same shall be drawn, shall, in all courts and 
places, be presumptive evidence in favor of such county 
treasurer, to exonerate him from all liability to any person 
or persons for said money thus paid by him. 

(§102.) Sec 11. Circuit judges, circuit court commissioners, 
and justices of the peace, for any services rendered under 
the provisions of this act, shall be entitled to the same fees 
and compensation as for similar services in other special 
proceedings. Jurors, constables and sheriffs shall be en- 
titled to the same fees as for like services in civil cases in 
the circuit court. 

(§103.) Sec. 15. In case any circuit judge, circuit court 
commissioner, or justice of the peace, who shall issue a 
summons or venire for a jury, shall be unable to attend to 
&ny of the subsequent proceedings in such case, any other 
circuit court commissioner or justice of the peace may attend 
and finish said proceedings. 



STATUTORY PROVISIONS. 51 

CHAPTER IX. 

APPEALS FROM ACTION OF INSPECTORS. 

(§101.) Section 1. Whenever any five or more tax-pa}'ing 
electors, having taxable property within any school district, 
shal 1 feel themselves aggrieved by any action, order, or de- 
cision ot the board of school inspectors, with reference to the 
formation, or any division, or consolidation of said school 
district, they ma} T , at smy time within sixty da} T s from the 
time of such action on the part of said school inspectors, 
appeal from such action, order, or decision of said board of 
school inspectors to the township board of the township in 
which such school district is situated, and in case of fractional 
school districts notice of such appeal shall be served on the 
clerk of the joint boards of school inspectors who have made 
the decision appealed from, who shall, within five days, 
give notice thereof to the township boards of the several 
townships in which the different parts of the said fractional 
school district are situated, who shall have power, and whose 
duty it shall be, acting jointly, to entertain such appeal, and 
review, confirm, set aside, or amend the action, order, or de- 
cision of the board of school inspectors thus appealed from ; 
or if in their opinion the appeal is frivolous or without suffi- 
cient cause, they may summarily dismiss the same. 

(1105.) Sec. 2. Said appellants shall, before taking such 
appeal, make out and file with the board of school inspectors, 
or in case of fractional school districts to the clerk of the 
joint boards of school inspectors, a written statement, to be 
signed by said appellants, setting forth in general terms the 
action, order, or decision of the board or boards of school 
inspectors with respect to which the appellants feel them- 
selves aggrieved, and their demand for an appeal therefrom 
to the township board or boards of said township or town- 
ships, and shall also cause to be executed and signed by one 
of their number, and b} T two good and sufficient sureties to 
be approved by the clerk of said board or joint boards of 

How and when may the electors of a district appeal from the 
order or decision of the board of school inspectors? 



52 MICHIGAN SCHOOL LAW. 

school inspectors or by any justice of the peace of the town- 
ship, and filed with the clerk of said board or joint boards of 
school inspectors, a bbnd to the people of the State of Michi- 
gan in the penal sum of two hundred dollars, conditioned for 
the due prosecution of said appeal before said township board 
or boards acting jointly, and also, in case of the dismissal of 
said appeal as frivolous by said township board or joint 
boards, for the payment by said appellants of all costs 
occasioned to the township or townships by reason of said 
appeal. 

(§106.) Sec. 3 Upon the filing of such appeal papers and 
bond with the said board or joint boards of school inspectors, 
the said board or joint boards of school inspectors shall, 
within ten da} r s thereafter, make out and file with the clerk 
of said township in which the said school-house is located, a 
full and complete transcript of all their proceedings, actions 
orders, or decisions with reference to which the appeal is 
taken, and of their records of the same ; also said bond and 
appeal papers, and all petitions and remonstrances, if any, 
with reference to the matters appealed from ; and upon the 
filing of the same with the said township clerk, the said 
township board or boards shall be deemed to be in possession 
of the case, and if the return be deemed by them insufficient, 
may order a further and more complete return by said board 
or boards of school inspectors ; and when such return shall 
by them be deemed sufficient, they shall proceed with the 
consideration of the appeal, at such time or times, within 
ten days after such return, and in such manner and under 
such affirmation, amendment or reversal of the action, order, 
or decision of the board or boards of school inspectors 
appealed from, as in their judgment shall seem to be just and 
right ; or, they deem the appeal to be frivolous, they may 
summarily dismiss the same ; but the decision of said board 
or boards of school inspectors shall not be altered or reversed, 
unless a majority of such township board or boards, not 
members of said board or boards of school inspectors, shall 
so determine. 

What is the duty of the board of school inspectors when an 
appeal is filed? 



STATUTORY PROVISIONS. 53 

CHAPTER X. 

GRADED SCHOOL DISTRICTS. 

(2107.) Section 1. Any school district containing more 
than one hundred children between the ages of five and 
twenty years may, by a two-thirds vote of the qualified elect- 
ors present at any annual meeting, organize as a graded school 
district : Provided, That the intention to take such vote shall 
be expressed in the notice ol such annual or special meeting. 
When such change in the organization of the district shall 
have been voted, the voters at such annual or special meeting 
shall proceed immediately to elect by ballot from the quali- 
fied voters of the district one trustee for the term of one 
year, two for the term of two years, and two for a term of 
three years, and annually thereafter a successor or successors 
to the trustee or trustees whose term of office shall expire : 
Provided also, In all districts organized prior to the year 
eighteen hundred and eighty-three there shall be one trustee 
elected at the annual meeting for the year eighteen hundred 
and eighty-three, and thereafter there shall be elected a trus- 
tee or trustees in the manner aforsaid, whose term of office 
shall be three years, and until his or their successor or suc- 
cessors shall have been elected and filed his or their accept- 
ance : Provided also, That in the election of trustees, and all 
other school officers, the person receiving a majority ot all 
the votes shall be declared elected. 

($108.) Sec. 2. Within ten days after their election such 
trustees shall file with the director acceptances of the offices 
to which the} T have been elected, and shall annually elect 
from their own number a moderator, a director, and assessor, 
and for cause may remove the same, and may appoint others 
of their own number in their places, who shall perform the 
duties prescribed by law for such offices in other school dis- 
tricts in this State, except as hereinafter provided. The trus- 
tees shall have power to fill any vacancy that may occur in 
their number till the next annual meeting. Whenever, in 

What districts may organize as graded school districts? De- 
scribe the method of electing trustees. Term of office. 



54 MICHIGAN SCHOOL LAW. 

any case, the trustees shall fail, through disagreement or 
neglect, to elect the officers named in this section, within 
twenty days next after the annual meeting, the school in- 
spectors of the township or city to which such district makes 
its annual report shall appoint the said officers from the 
number of said trustees. 

(§109.) Sec. 3. It shall be the duty of the board of trus- 
tees in any graded school district : 

First, To classify and grade the pupils attending schools 
in such district and cause them to be taught in such schools 
or departments as they may deem expedient; 

Second, To establish in such district a high school when 
ordered by a vote of the district at an annual meeting, and to 
determine the qualifications for admission to such school, 
and the fees to be paid for tuition in any branch taught 
therein : Provided. That when non-resident pupils, their 
parents or guardians, shall pay a school tax in said district, 
the same shall be credited on their tuition a sum not to 
exceed the amount of such tuition and they shall only be 
required to pay tuition for the difference between the amount 
of the tax and the amount charged for tuition; 

Third, To audit and order the payment of all [of] the 
accounts of the director for incidental or other expenses 
incurred by him in the discharge of his duties ; but no more 
than fifty dollars shall be expended by the director in one 
year for repairs of the buildings or appurtenances of the 
district property without the authority of the board of trus- 
tees : 

Fourth, To employ all qualified teachers necessary for the 
several schools, and to determine the amount of their com- 
pensation and to require the director and moderator to make 
contracts with the same on behalf of the district, in accord- 
ance with the provisions of law concerning contracts with 
teachers ; 

Mention the duty of trustees, First. Second. Third. Fourth. 
Fifth. Sixth. 



STATUTORY PROVISIONS. 5§ 

Fifth, To employ such officers and servants as may be 
necessary for the management of the schools and school 
property, and prescribe their duties and fix their compensa- 
tion ; 

Sixth, To perform such other duties as are required of 
district boards in other school districts. 

(3110.) Sec. 4. No alteration shall be made in the bound- 
aries of any graded school district, without the consent of a 
majority of the trustees of said district, which consent shall 
be spread upon the records of the district, and placed on file 
in the office of the clerk of the board of school inspectors of 
the township or city to which the reports of said district 
are made ; and graded school districts shall not be restricted 
to nine sections of land. 

(3111.) Sec. 5. Whenever two or more contiguous dis- 
tricts having together more than one hundred children be- 
tween the ages of five and twenty years, after having pub- 
lished in the notices of the annual meetings of each district 
the intention to take such action, shall severally, by a vote 
of two-thirds of the qualified voters attending the annual 
meetings in said district, determine to unite for the purpose 
of establishing a graded school district under the provisions 
of this chapter, the school inspectors of the township or 
townships in which such districts may be situated shall, on 
being properly notified of such vote, proceed to unite suck 
districts, and shall appoint, as soon as practicable, a time and 
place for a meeting of the new district, and shall require 
three notices of the same to be posted in each of the dis- 
tricts so united at least five days before the time of suck 
meeting, and at such meeting the district shall elect a board 
of trustees, as provided in section one of this chapter, and 
may do whatever business may be done at any annual meeting. 

Sec. 6. Whenever the trustees of any organized graded 
school district shall be presented twenty days before the an- 
nual meeting thereof, with a petition signed by ten electors 
of said district, stating that it is the desire of said petitioners 

Can two or more districts unite to form a graded school district! 
How may a graded school district be changed to one or more 
primary school districts? 



56 MICHIGAN SCHOOL LAW. 

that at the annual meeting of said school district there shall 
be submitted to said annual meeting the proposition to 
change from a graded school district to one or more primary 
school districts the said trustees shall, in their notice of such 
annual meeting, state that the proposition set forth in said 
petition will be presented to said meeting, and if two thirds 
of the qualified voters present at said meeting shall vote to 
change to one or more primary school districts such change 
shall be made, and it shall be the duty of the board of school 
inspectors of the township or townships in which such dis- 
trict is situated, upon being duly notified of such vote, to 
proceed to change or divide such district as determined by 
such annual meeting, and they shall provide for the holding 
of the first meeting in the or each of the proposed primary 
school districts in the same manner as is provided for by law 
for the organization of primary school districts, and when- 
ever a fractional graded school district shall be so changed, 
the township boards of school inspectors of the respective 
townships where such graded school district is situated, shall 
organize the said district into one or more school districts, as 
provided for by law. 

CHAPTER XL 

LIBRARIES. 

($112.) Section 1. A township libra^ shall be maintained 
in each organized township, which shall be the property of 
the township, and shall not be subject to sale or alienation 
from any cause whatever. All actions relating to such lib- 
rary, or for the recovery of any penalties lawfully estab- 
lished in relation thereto, shall be brought in the name of the 
township. 

(§113.) Seo. 2. All persons who are residents of the town- 
ship shall be entitled to the privileges of the township lib- 
rary, subject to such rules and regulations as may be lawfully 
established in relation thereto : Provided, That persons re- 
siding within the boundaries of any school district in which 

Are township libraries to be maintained? Who are entitled to 
privileges of library? 



STATUTORY PROVISIONS. 57 

a district library has been established shall be entitled to the 
privileges of such district library only. 

(§114.) Sec. 3. The township board of school inspectors 
shall have charge of the township library, and shall apply 
for and receive from the township treasurer all moneys ap- 
propriated for the township library of their township, and 
shall purchase the books and procure the necessary append- 
ages for such library. 

(§115.) Sec. 4. Said board shall be held accountable for 
the proper care and preservation of the township library, and 
shall have power to provide for the safe keeping of the same, 
to prescribe the time for taking and returning books, to assess 
and collect fines and penalties for the loss or injury of said 
books, and to establish all other needful rules and regulations 
for the management of the library, as said board shall deem 
proper, or the superintendent of public instruction may 
advise. 

(§116.) Sec. 5. The board of school inspectors shall cause 
the township library to be kept at some central or eligible 
place in the township, which it shall determine ; such board 
shall also, within ten days after the annual township meeting, 
appoint a librarian for the term of one year, to have the care 
and superintendence of said library, who shall be responsible 
to the board of school inspectors for the impartial enforce- 
ment of all rules and regulations lawfully established in re- 
lation to said library. 

(§117.) Sec. 6. Any school district, by a two-thirds vote 
at any annual meeting, may establish a district library, and 
such district shall be entitled to its just proportion of books 
from the library of any township in which it is wholly or 
partly situated, to be added to the district library, and also 
to its equitable share of any library monej's remaining unex- 
pended in any such township or townships at the time of the 

Who shall have charge of and be accountable for care of library? 
Where shall library be kept? How is librarian appointed? What 
school districts may establish libraries? Briefly state the law in 
regard thereto. 



58 MICHIGAN SCHOOL LAW. 

establishment of such district librae, or that shall thereafter 
be apportioned to the township to the inspectors of which the 
annual report of its director is made. 

(§118.) Sec. 7. The district board of any school district 
in which a district library may be established in accordance 
with the provisions of this act shall have charge of such lib- 
rary ; and the duties and responsibilities of said district 
board in relation to the district library, and all moneys raised 
or apportioned for its support, shall be the same as those of 
the board of school inspectors are to the township library. 

(§119.) Sec. 8. The school inspectors shall give in their 
annual report to the superintendent of public instruction, such 
facts and statistics relative to the management of the town- 
ship library and the library moneys, as the superintendent of 
public instruction shall direct ; and the district board of any 
school district having a library, shall cause to be given in the 
annual report of the director to the board of school inspectors, 
like facts and statistics relative to the district library, which 
items shall also be included by the said inspectors in their 
annual report. 

(§120.) Sec. 9. In case the board of school inspectors of 
any township; or the district boaid of any school district, 
shall fail to make the report required by the preceding sec- 
tion, or in case it shall appear from the reports so made that 
any township or school district has failed to use the library 
money in strict accordance with the provisions of law, such 
township or district shall forfeit its share of the library moneys 
that are apportioned, and the same shall be apportioned to the 
several other townships and districts in the county as 
hereinafter provided: Provided, that in townships where the 
boards thereof shall determine and report to the superinten- 
dent that the public will be better served by using the said 
money for general school purposes, no such forfeiture shall 
occur. 

(§121.) Sec. 10. The superintendent of public instruction 
shall annually and previous to the tenth day of May, trans- 
mit to the clerk of each county a statement of the townships 
in his county that are entitled to receive library moneys, giv- 



STATUTORY PROVISIONS. 5$ 



ing the number of children in each of such townships between 
the ages of five and twenty years, as shall appear from the 
reports of the boards of school inspectors for the school year 
last ending ; said clerk shall file such statement in his office, 
and shall forthwith furnish a copy thereof to the county 
treasurer. 

(§122.) Sec. 11. The clear proceeds of all fines for any 
breach of the penal laws of this State and for penalties, or 
upon any recognizances in criminal proceedings, and all 
equivalents for exemptions [exemption] from military duty 
when collected in any county and pajcl into the county treas- 
ury, together with all moneys heretofore collected and paid 
into said treasury on account of such fines or equivalents, 
and not already appropriated [apportioned], shall be appor- 
tioned by the county treasurer before the first day of June in 
each year, among the several townships in the county, ac- 
cording to the number of children therein, between the ages 
of five and twenty years, as shown by the statement of the 
superintendent of public instruction provided for in the pre- 
ceding section, which money shall be exclusively applied to 
the support of the township and district libraries, and to no 
other purposes. Provided, That from and after January first, 
one thousand eight hundred and eighty-two, such money may 
be used for general school purposes in any township wherein 
the township board thereof shall so determine. 

(§123.) Sec. 12. The qualified voters of each township 
shall have power, at any annual township meeting, to vote a 
tax for the support of libraries established in accordance 
with the provisions of this act, and the qualified voters of 
any school district, in which a district library shall be estab- 
lished, shall have power, at any annual meeting of such dis- 
trict, to vote a district tax for the support of said district 
library. When any tax authorized by this section shall have 
been voted, it shall be reported to the supervisor, levied and 
collected in the same manner as other township and school 
district taxes. ......... 



May the voters levy a tax for the support of libraries? 



MICHIGAN SCHOOL LAW. 



($124.) Sec. 13. The district board of any school district 
may donate or sell any library book or books belonging to 
such district to the board of school inspectors of the town- 
ship or townships in which said district is wholly or partly 
situated, which book or books shall thereafter form a part of 
the township library. 

CHAPTER XII. 

As amended 1893. 
EXAMINATION OF TEACHERS AND SUPERVISION OF SCHOOLS. 

(3125.) Section 1. The People of the State of Michigan 
enact, That at the meetings of the several boards of super- 
visors of the different counties of the State, to be held on the 
fourth Monday in June, eighteen hundred and ninty-one, the 
said several boards of supervisors shall elect a county com- 
missioner of schools for their respective counties, whose term 
of office shall commence on the fourth Tuesday of August 
next following, who shall hold his or her office until the first 
day of July, eighteen hundred ninety-three, or until his or 
her successor shall be elected and qualified. Said boards of 
supervisors shall also on said fourth Monday of June appoint 
two persons as school examiners, who, together with said 
commissioner of schools, shall constitute a board of school 
examiners. One of said school examiners shall be appointed 
for a period of one year and the other for a period of two 
years from and after the second Monday of October next 
after their appointment, or until their successors have been 
appointed and have qualified ; and thereafter such boards of 
supervisors shall, at each annual session, appoint one ex- 
aminer who shall hold his office for a period of two years, 
or until his successor shall have been appointed and qualified. 
Any person shall be eligible to the office of examiner who shall 
hdd at least a third grade certificate, and has taught in the 
public schools at least nine months, or who has the qualifica- 
tions required of commissioner as in section 3 of this act. 
Within ten days after such commissioner or examiner shall 

How are county commissioners of schools elected? How are 
school examiners elected? What persons are eligible to the office 
of examiner? 



STATUTORY PROVISIONS. 61 

have received legal notice of his or her election, he or she 
shall take and subscribe to the constitutional oath of office,, 
and the same shall be filed with the county clerk. The said 
county commissioner, so appointed, shall execute a bond 
with two sufficient sureties, to be approved by and filed with 
the county clerk, in the penal sum of one thousand dollars, 
conditioned that he or she will faithfully discharge the duties 
of his or her office according to law, and to faithfully account 
for and pay over to the proper persons all money which may 
come into his or her hands by reason of his or her holdiug 
such office; and thereupon the county clerk shall report the 
name and post office address of such county commissioner to 
the State superintendent of public instruction. 

(§126.) Sec. 2. There shall be elected at the election held 
on the first Monday in April, eighteen hundred and ninety- 
three, and every second year thereafter, in each county, one 
county commissioner of schools, whose term of office shall 
commence on the first day of July next following his or her 
election, and who shall continue in office two years or until 
his or her successor shall be elected and qualified. The 
county commissioner of schools elected under the provisions 
of this section shall file with the county clerk for the county 
for which he or she is elected his or her oath of office and 
bond, the same as provided in section one of this act, and the 
county clerk shall make the same report to the Superinten- 
dent of Public Instruction in all respects as provided in sec- 
tion one of this act. 

(§127.) Sec. 3. No person shall be eligible to the office of 
county commissioner of schools who shall not be a graduate in 
the literary department of some reputable college, university 
or State normal school, or hold a State teacher's certificate, or 
who shall not have held a first grade certificate, within two- 
years next preceding the time of his or her election, or shall 
have held the office of county commissioner under this act: 
Provided, That in counties having less than fifty schools sub- 
ject to the supervision of the county commissioner, a person 

^Yhat bond is required of the county commissioner? What per- 
sons are eligible to the office of county commissioner? 



62 MICHIGAN SCHOOL LAW. 

holding at the time of his or her election a second grade 
certificate shall be eligible. 

(§ 128.) Sec. 4. The board of school examiners shall, for the 
purpose of examining all persons >7ho may offer themselves 
as teachers for the public schools, hold two regular public ex- ' 
animations in each } 7 ear at the county seat, which examina- 
tion shall begin on the last Thursday of March and the first 
Thursday of August in each year ; and for a like purpose 
the board of school examiners shall hold not to exceed four' 
special public examinations at such times and places as in 
the judgement of the board of school examiners the interests 
of the schools and teachers of the county may require : 
Provided, The first and second grade certificates shall be 
granted only at the regular public examinations provided for 
in this section. It shall be the duty of the county commis- 
sioner to make out a schedule of the times and places of 
holding special examinations, and to cause it to be published in 
one or more newspapers of the county at least ten days before 
each special examination, and he or she shall send a copy 
thereof to the chairman of each township board of school 
inspectors in the county at least ten days previous to the 
time of holding any special examination. 

(§129.) Sec. 5. The board of school examiners shall meet on 
the Saturday of the week following such public examination 
held by the county commissioner and shall grant certificates to 
teachers in such form as the superintendent of public instruc- 
tion shall prescribe, licensing as teachers who shall have ob- 
tained the age of seventeen years, who have attended said 
public examinations and who shall be found qualified in re- 
spect to good moral character, learning and ability to instruct 
and govern a school, but no certificate shall be granted to 
any person who shall not have passed a satisfactory examin- 
ation in orthography, reading, writing, grammar, geography, 
arithmetic, theory and art of teaching, United States history, 
civil government and physiology and hygiene with reference 

When and where are examinations to be held? How many may 
be held in one year? What notice must be given? How old 
must a person be in order to obtain a teachers' certificate? What 
are the requirements to obtain one? 



STATUTORY PROVISIONS. 63 



to the effects of alcoholic drinks, stimulants and narcotics 
upon the human system. The board of examiners shall have 
the right, however, to renew without examination the certifi- 
cates of persons who shall have previously obtained an aver- 
age standing of at least 85% on all branches covered in two 
or more examinations and who shall have been, since that 
examination, continuously and successfully teaching in the 
same county. All certificates shall be signed by the county 
commissioner and by at least one other member of the board 
of examiners. No person shall be considered a qualified 
teacher within the meaning of this act, nor shall any school 
officer employ or contract with any person to teach in any of 
the public schools, under the provisions of this act, who has 
not a certificate in force, granted by the board of school ex- 
aminers or other lawful authority. All examinatioa ques- 
tions shall be prepared and furnished by the superintendent 
of public instriction to the county commissioner under seal, 
to be opened in the presence of the applicants for certificates 
on the day of examination. 

(§130.) Sec. 6. There shall be three grades of certificates 
granted by the board of school examiners, in its discretion, and 
subject to such rules and regulations as the Superintendent of 
Public Instruction may prescribe, which grades of certificates 
shall be as follows : The certificate of the first grade shall 
be granted only to those who have taught at least one year 
with ability and success, and it shall be valid throughout the 
State for four years : Provided, That all examination papers 
for first grade certificates, favorably passed upon 03- the 
board of examiners, together with such certificate shall be 
forwarded to the Superintendent of Public Instruction within 
ten days from date of examination for inspection : And 
/provided further. That no first grade certificate shall be valid 
in any county other than that in which it is granted, unless 
approved and countersigned by the Superintendent of Public 
Instruction and a copy filed with the county commissioner in 
the county in which the holder of said certificate desires to 

Can the board renew certificates without examination? How 
are examination questions furnished? Describe the three grades 
of certificates. 



64 MICHIGAN SCHOOL LAW 

teach. The certificate of the second grade shall be granted 
only to those who shall have taught at least seven months 
with ability and success, and it shall be valid throughout the 
county for which it shall be granted for three years. The 
certificates of the third grade shall be divided into two 
classes known as A and B. Third grade certificates of class 
A shall be granted only to persons who have taught success- 
fully and continuously for at least five years next preceding 
the examination, in primary departments of graded schools, 
and the certificate of this class shall entitle the holder to 
teach in primary departments of graded schools only. Third 
grade certificates of class B. shall license the holder to teach 
in any school of the county in which it shall be granted, for 
one year ; but no more than three certificates of this class 
shall be granted to the same person : Provided, That the 
county commission shall have the power upon personal exam- 
ination satisfactory to himself or herself to grant certificates 
which shall license the holder thereof to teach in a specified 
district for which it shall be granted, but such certificate 
shall not continue in force beyond the time of the next pub- 
lic examination and in no case shall a second special certifi- 
cate be granted the same person, and it shall not in any waj T 
exempt a teacher from a full examination: Provided further, 
That in case the holder of a special certificate does not 
appear for examination before the board at the next public 
examination succeeding the date of such special examination 
a second special certificate shall not be granted to such 
person except when it appears to the commissioner on good 
evidence that the absence was occasioned by sickness or 
other unavoidable cause. 

(§131) Sec. 7. The board of school examiners may suspend or 
revoke any teacher's certificate issued by them for any reason 
which would have justified said board in withholding the 
same when given for neglect of duty, for incompetency to in- 
struct or govern a school, or for immorality, and the said 
board may, within their jurisdiction, suspend for immorality 

What is said in regard to class A and B of the third grade? 
What is the law in regard to special certificates? Teachers' cer- 
tificates may be suspended or revoked for what causes? 



STATUTORY PROVISIONS 65 



or incompetency to instruct and govern a school the effect of 
any teacher's certificates that may have been granted by 
other lawful authority: Provided, That no certificates shall 
be suspended or revoked without a personal hearing, unless 
the holder thereof shall, after a reasonable notice, neglect or 
refuse to appear before the said board for that purpose. 

(U32.) Sec. 8. It shall be the duty of the county com- 
missioner: 

First, Immediately after his or her qualification as com- 
missioner, to send notice thereof to the Superintendent of 
Public Instruction and the chairman of each township board 
of school inspectors of the county; 

Second, To keep a record of all examinations held by the 
board of school examiners and to sign all certificates and 
other papers and reports issued by the board ; 

Third, To receive the institute fees provided by law and 
to pay the same to the county treasurer quarterly, beginning 
September thirty in each year ; 

Fourth, To keep a record of all certificates granted, sus- 
pended or revoked by the said board or commissioner, show- 
ing to whom issued, together with the date, grade, duration, 
of each certificate and, if suspended or revoked, with- the date 
and reason thereof ; 

Fifth, To furnish, previous to the first Monday in Sep- 
tember in each year to tie township clerk of each township 
in the county, a list of all persons legally authorized to 
teach in the county at large, and in such township, with the 
date and term of each certificate, and if any have been sus- 
pended or revoked, the date of such suspension or revoca- 
tion ; 

Sixth, To visit each of the schools in the county at least 
once in each year and to examine carefully the discipline, 
the mode of instruction, and the progress and proficiency 
of pupils : Provided, That in case the county commissioner 

Mention the duties of county commissioner of Schools, First, 
Second. Third. Fourth. Fifth. Sixth. Seventh Eighth. 
Ninth. Tenth. Eleventh. 



66 MICHIGAN SCHOOL LAW. 

is unabie to visit all the schools of the county as herein 
required, the said commissioner may appoint such assistant 
visitors as may be necessary, who shall perform such duties 
pertaining to the visitation and supervision of schools as 
said commissioner shall direct: Provided, That the whole 
expense incurred by such assistant visitors shall not exceed 
the sum of ninety dollars in any one 3 T ear ; 

Seventh, To counsel with the teachers and school boards 
as to the courses of study to be pursued, and as to any im- 
provement in the discipline and instruction in the schools ; 

Eighth, To promote by such means as he or she may de- 
vise, the improvement of the schools in the county, and the 
elevation of the character and qualifications of the teachers 
and officers thereof, and act as assistant conductor of insti- 
tutes appointed by the Superintendent of Public Instruction 
and perform such duties pertaining thereto as the superin- 
tendent shall require; 

Ninth, To receive the duplicate annual reports of the 
several boards of school inspectors, examine into the correct- 
ness of the same, requiring them to be amended when neces- 
sary, indorse his or her approval upon them, and imme- 
diately thereafter and before the first day of November in 
each year, transmit to the Superintendent of Public Instruc- 
tion one copy ot each of said reports and file the other in the 
office of the county clerk ; 

Tenth, To be subject to such instructions and rules as the 
Superintendent of Public Instruction may prescribe; to re- 
ceive all blanks and communications that maybe sent to him 
or her by the Superintendent of Public Instruction and to 
dispose of the same as directed by the said Superintendent, 
and to make annual reports at the close of the school year to 
the Superintendent of Public Instruction of his or her official 
labor, and of the schools of the county, together with such 
other information as may be required ; 

Eleventh, To perform such other duties as may be required 
of him or her by law, and at the close of the term of office to 
deliver all records, books and papers belonging to the office, 
to his or her successor. 



STATUTORY PROVISIONS. 67 



. (1133.) Sec. 9. It shall be the duty of the chairman of the 
board of school inspectors of each township : 

First, To have general supervisory charge of the schools of 
his township, subject to such advice and direction as the 
county commissioner may o-i ve • 

Second, To make such reports of his official labors and 
of the condition of the schools as the Superintendent of Pub- 
lic Instruction may direct or commissioner request. 

(1134.) Sec. 10. The compensation of each commissioner 
shall be determined by the board of supervisors of each county 
respectively, but the compensation shall not be fixed at a sum 
less than five hundred dollars per annum in any county where 
there are fifty schools under his or her supervision ; at not 
less than one thousand dollars per annum where there are one 
hundred schools under such supervision ; and not less than 
twelve hundred dollars where there are one hundred and 
twenty-five schools under his supervision; and in no case 
shall such compensation exceed the sum of fifteen hundred 
dollars per annum. Each member of the board of school 
examiners other than the county commissioner shall receive 
four dollars for each day actually employed in the duties of 
his office. The compensation of any assistant visitor, when 
appointed as provided in this act, shall be determined by the 
county commissioner, but in no case shall it exceed three dol- 
lars for each day employed. The condensation of the county 
commissioner, members of the board of school examiners and 
of any assistant visitor, shall be paid quarterly from the 
county treasury, upon such commissioner or visitor filing with 
the county clerk a certified statement of his or her account, 
which shall give in separate items the nature and amount of 
the service for each day for which compensation is claimed : 
Provided, That in no case shall the county commissioner re- 
ceive any order for compensation from the county clerk until he 
has filed a certified statement from the Superintendent of Public 
Instruction that all reports required of the commissioner have 

Mention the duties of the chairman of the board of school 
inspectors, First. Second. What is said of the compensation of 
commissioner, examiners and assistant visitors? 



68 MICHIGAN SCHOOL LAW. 

been properly made and filed with said superintendent : Pro- 
vided further, That no commissioner shall receive an order for 
compensation until he shall have filed with the county clerk 
a detailed statement under oath showing what schools have 
been visited by him during the preceding quarter and what 
amount of time was employed in each school, naming the 
township and school district. The necessary contingent ex- 
penses of the commissioner for printing, postage, stationery, 
record books and rent of rooms for public examinations shall 
be audited and allowed by the board of supervisors of the 
county, but in no county shall the expenses so allowed exceed 
the sum of two hundred dollars per annum, and no traveling 
fees shall be allowed to the commissioner or to any assistant 
visitor or school examiner. 

(3135.) Sec. 11. No county commissioner shall act as agent 
for the sale of any school furniture, text-books, maps, charts or 
other school apparatus, nor be interested financially in any 
summer normal, or teachers' training class in the county for 
which he was elected. 

(3136.) Sec. 12. Whenever by death, resignation, removal 
from office or otherwise a vacancy shall occur in the office of 
the county commissioner of schools, the county clerk shall 
issue a call to the chairman of the township board of school 
inspectors of each township in the county, who shall meet at 
the office of the county clerk on a date to be named in said 
[notices] notice not more than ten days from the date of the 
notice, and appoint a suitable person to fill the vacancy for 
the unexpired portion of the term of office. 

(3137.) Sec. 13. All schools which by special enactment 
may have a district board authorized to inspect and grant 
certificates to the teachers employed in the same, shall be 
exempt from the provisions of this act, as to the examination 
and licensing of teachers. The officers of every school dis- 
trict which is or shall hereafter be organized in whole or in 

What articles are commissioners prohibited from acting as 
agent for? What may they not be interested in financially? 
How are vacancies filled? What is said in regard to licensing 
teachers and the supervision of city schools? 



STATUTORY PROVISIONS. 69 



part in any incorporated city in this State where no special 
■enactments shall exist in regard to the licensing of teachers 
shall have power to examine and license, or may require the 
county commissioner to examine and license teachers for 
such district, and such license shall be valid in said district 
for the term of three years. All city schools having a super- 
intendent employed by their respective boards of education 
shall be exempt from the provisions of this chapter as to the 
examination and licensing of teachers and as to the super- 
vision of the schools in such city, but all such schools shall, 
through their proper officers, make such reports as the Super- 
intendent of Public Instruction may require. 

CHAPTER XIII. 

PENALTIES AND LIABILITIES. 

(§138.) Section 1. Any taxable inhabitant of a newly 
formed district receiving the notice of the first meeting, who 
shall neglect or refuse duly to serve and return such notice, 
and every chairman of the first district meeting in any dis- 
trict, who shall wilfully neglect or refuse to perform the 
duties enjoined on him in this act shall respectively forfeit 
the sum of five dollars. 

(§139.) Sec. 2. Any person duly elected to the office of 
moderator, director, assessor, or trustee of a school district 
who shall neglect or refuse, without sufficient cause, to accept 
such office and serve therein, or who, having entered upon 
the duties of his office, shall neglect or refuse to perform any 
duty required of him by virtue of his office, shall forfeit the 
sum of ten dollars. 

^(§140.) Sec. 3. Any person duly elected or appointed a 
school inspector, who shall negtect or refuse, without suffi- 
cient cause, to qualify and serve as such, or who, having 
entered upon the duties of his office, shall neglect or refuse 
to perform any duty required of him by virtue of his office, 
shall forfeit the sum of ten dollars. 



What is neglect of duty of a taxable inhabitant and penalty 
Of district officer? Of school inspector? 



70 MICHIGAN SCHOOL LAW. 

(§141.) Sec. 4. If any board of school inspectors shall 
neglect or refuse to make and deliver to the township clerk 
their annual report as required by this act, within the time 
limited therefor, they shall be liable to pay the full amount 
of money lost by their failure, with interest thereon, to be 
recovered b}^ the township treasurer in the name of the town- 
ship, in an action of debt, or on the case ; and if any town- 
ship clerk shall neglect or refuse to transmit the report here- 
in mentioned within the time limited therefor, he shall be 
liable to pay the full amount lost by such neglect or refusal, 
with interest thereon, to be recovered in an action of debt or 
on the case. 

(§142.) Sec. 5. Any county clerk who shall neglect or 
refuse to transmit to the superintendent of public instruction 
the reports required by this act, within the time therefor 
limited, shall be liable to pay to each township the full 
amount which such township, or any school district therein, 
shall lose by such neglect or refusal, with interest thereon, to 
be recovered in an action of debt, or on the case. 

(§143.) Sec. 6. All the moneys collected or received by 
an}* township treasurer under the provisions of either of the 
two last preceding sections, shall be apportioned and dis- 
tributed to the school districts entitled thereto, in the same 
manner and in the same proportion that the moneys lost by 
any neglect or refusal therein mentioned would, according to 
the provisions of this act, have been apportioned and dis- 
tributed. 

(§144.) Sec. 7. An}^ township clerk who shall neglect or 
refuse to certify to the supervisor any school district taxes 
that have been reported to him as required by this act, and 
an} T supervisor wilfully neglecting to assess any such tax 
shall be liable to any district for any damage occasioned 
thereby, to be recovered b} r the assessor in the name of the 
district, in an action of debt, or on the case. 

(§145.) Sec. 8. The township board of each township, and 
in the case of fractional school districts, the township board 

What is neglect of duty of a township clerk and penalty? Of 
county clerk? Of township clerk and supervisor? 



STATUTORY PROVISIONS. 71 



of the township in which the district school-house thereof is 
situated, shall have power and is hereby required to remove 
from office, upon satisfactory proof, after at least five days' 
notice to the party implicated, any district officer or school 
inspector who shall have illegally used or disposed of' any of 
the public moneys entrusted to his charge, or who shall per- 
sistently and without sufficient cause refuse or neglect to 
discharge any of the duties of his office. And in case of 
such removal it shall be the duty of the township clerk of 
such township to enter in the records of such township the 
resolution or order of such board, for such removal ; and such 
record of such resolution or order so entered, or a certified 
copy thereof, shall be prima facie evidence in all courts and 
places of the jurisdiction of such board and of the regularity 
of the proceedings for such removal, and (unless the party so 
removed shall, within thirty da}'s after such removal, insti- 
tute proceedings before a court of competent jurisdiction for 
the removal of such order for removal, or if after such thirty 
days such proceedings to obtain such removal shall be dis- 
continued or dismissed) shall be conclusive evidence of juris- 
diction and regularity, if it shall appear that the party so re- 
moved had five days' notice of the time and place fixed by 
said board for the hearing of the case as aforesaid. 

(1146.) Sec. 9. No school officer, superintendent, or teacher 
of schools, shall act as agent for any author, publisher, or 
seller of school books, or shall directly or indirectly receive 
any gift or reward for his influence in recommending the pur- 
chase or use of any library or school book or school appar- 
atus, or furniture whatever, nor shall any school officer be 
personally interested in any way whatever in any contract with 
the district in which he may hold office. Any act or neglect 
herein prohibited, performed by any such officer, superintend- 
ent, or teacher, shall be deemed a misdemeanor. 

(§147.) Sec. 10. All provisions of this act shall apply and 
be in force in every school district, township, city and village 



For what reason can a township board remove school officers? 
What restrictions are placed upon teachers and school officers? 



72 MICHIGAN SCHOOL LAW. 

in this State, except such as may be inconsistent with the 
direct provisions of some special enactment of the Legislature. 

(§148.) Sec. 11. This section refers to repeals of parts of 
former acts. 

CHAPTER XIY. 

ELECTION OF SCHOOL INSPECTORS. 

(§149.) Section 1. 1 he people of the State of Michigan 
enact, That sections eight and fourteen of chapter twelve, of 
the compiled laws of eighteen hundred and sevent}'-one, as 
amended by act number forty-two of the session laws of 
eighteen hundred and seventy -five, are hereby amended, and 
section thirteen of the same chapter, repealed by said act, is 
hereby restored and amended, and section one hundred and 
three of the same chapter, as amended by act number one 
hundred and ninetj'-nine of the session laws of eighteen hun- 
dred and seventy-nine, is hereby amended, all of said sections 
to read as follows: 

(§150.) Sec. 2. The annual meeting of each township shall 
be held on the first Monday in April, in each }'ear, and at 
such meeting there shall be an election for the following of- 
ficers: one supervisor, one township clerk, one treasurer, one 
school inspector, one commissioner of highways, so many 
justices of the peace as there are by law to be elected in the 
township, and so many constables as shall be ordered by the 
meeting, not exceeding four in number. 

(§151.) Sec. 3. Each school inspector elected as afore- 
said shall hold his office for two years from that time and 
until his successor shall be elected and duly qualified, except 
when elected or appointed to fill a vacanc}^, in which case he 
shall hold the office during the unexpired portion of the reg- 
ular term: Provided, That in the year eighteen hundred and 
eighty-two one additional school inspector in each township 
shall be elected for the term of one year: Provided, further, 
That the township superintendent of schools and school in- 
spectors now in office shall continue to act as school inspec- 

When and for what terms are school inspectors elected? 



STATUTORY PROVISIONS. 73 

tors, and said superintendent of schools shall continue to act 
as chairman of the board of school inspectors until the school 
inspectors provided for by this act shall have been elected 
and duly qualified and shall enter upon the duties of their re- 
spective offices. 

(§152 ) Sec. 4. Each of the oflicers elected at such meet- 
ings, except justices of the peace and school inspectors, shall 
hold his office for the term of one year, and until his suc- 
cessor shall be elected and duly qualified. 

(§153.) Sec. 5. No person, except an elector, as aforesaid, 
shall be eligible to any elective office contemplated in this 
chapter : Provided, however, That any female person of or 
above the age of twenty-one years, who has resided in this 
State three months and in the township ten days next pre- 
ceding any election, shall be eligible to the office of school 
inspector. 

CHAPTER XV. 

teachers' institutes. 

(1154.) Section 1. The People of the State of Michigan 
enact, That all boards or officers authorized by law to exam- 
ine applicants for certificates of qualification as teachers shall 
collect, at the time of examination, from each male applicant 
for a certificate, an annual fee of one dollar, and from each 
female applicant for a certificate, an annual fee of fifty cents, 
and the director or secretary of any school board that shall 
employ any teacher who has not paid the fee hereinbefore 
provided, shall collect, at the time of making contract, from 
each male teacher so employed, an annual fee of one dollar, 
and from each female teacher so employed, an annual fee of 
fifty cents. All persons paying a fee, as required by this 
section, shall be given a* receipt for the same, and no person 
shall be required to pay said fee more than once in any 
school year. 

(§155.) Sec 2. All such fees collected by the director or 
secretary of any school board shall be paid over to the sec- 

Who are eligible to the office of school inspector? What fees 
are to be collected from teachers? 



74 MICHIGAN SCHOOL LAW. 

retary of the county board of school examiners of the county 
in which they were collected, on or before the fifteenth day 
of March, June, September and December, accompanied by a 
list of those persons from whom they were collected, and all 
of such fees, together with all those that shall be collected by 
the county board of school examiners, shall be paid over by 
the secretary of said board of school examiners to the treas- 
urer of the county in which they were collected, on or before 
the last day of March, June, September and December, in 
each year, accompanied by a complete list of all persons from 
whom said fees were collected ; and a like list, accompanied 
b} T a statement from the county treasurer that said fees have 
been paid to him, shall be sent by said secretary to the super- 
intendent of public instruction. All moneys paid over to the 
county treasurer as provided by this act shall be set apart as 
a teacher's institute fund, to be used as hereinafter provided. 

(§156.) Sec. 3. The superintendent of public instruction 
shall annually appoint a time and place in each organized 
county for holding a teachers' institute, make suitable ar- 
rangements therefor and give due notice thereof: Provided, 
That in organized counties having less than one thousand 
children between the ages of five and twenty years, the hold- 
ing of said institute shall be optional with the said superin- 
tendent, unless requested to hold such institute by fifteen 
teachers of the county in which such institute is to be held. Pro- 
vided, however, That if there shall not be a sufficient number 
of teachers in any county to make such request, then teachers 
of adjoining counties who desire to attend such institute may 
unite in the required application to said superintendent. 
Provided, also, That the said superintendent may, in his dis- 
cretion, hold an institute for the benefit of two or more ad- 
joining counties, and draw the institute fund from each of the 
counties thus benefited, as hereinafter provided. 

(§157.) Sec 4. The superintendent of public instruction, 
in case of inability personally to conduct any institute or to 
make the necessary arrangements for holding the same, is 

What are the fees collected from teachers to constitute? What 
is said of annual county institutes? 



STATUTORY PROVISIONS. 75> 

hereby authorized to appoint some suitable person for that 
purpose, who shall be subject to the direction of said super- 
intendent. Every teacher attending any institute held in ac- 
cordance with the provisions of this act, shall be given by the 
superintendent of public instruction, or by the duly appoint- 
ed conductor, a certificate setting forth at what sessions of 
said institute such teacher shall have been in attendance, and 
any teacher who shall have closed his or her school in order 
to attend said institute shall not forfeit his or her wages as 
teacher during such time as he or she shall have been in at- 
tendance at said institute, and the certificate hereinbefore 
provided shall be evidence of such attendance. 

(§158.) Sec. 5. For the purpose of defraying the ex- 
penses of rooms, fires, lights, or other necessary charges, and 
for procuring teachers and lecturers, the said superintendent,. 
or the person duly authorized by him to conduct said insti- 
tute, may demand of the county clerk of each county for the 
benefit of which the institute is held, who shall thereupon 
draw an order on the county treasurer of his county for such 
sum, not exceeding the amount of the institute fund in the 
county treasury, as may be necessary to defray the expenses 
of said institute; and the treasurer of said count}^ is hereby 
required to pay over to said superintendent or duly appointed 
institute conductor, from the institute funds in his hands, the 
amount of said order. 

(§159.) Sec. 6. In case the institute fund in any count} T 
shall be insufficient to defray the necessary expenses of any 
institute held under the provisions of this act, the auditor 
general shall, upon the certificate of the superintendent that 
he has made arrangements for holding such institute, and 
that the county institute fund is insufficient to meet the ex~ 
penses thereof, draw his warrant upon the state treasurer for 
such additional sum as said superintendent shall deem neces- 
sary for conducting such institute ; which sum shall not ex- 
ceed sixty dollars for each institute of five days' duration, and 
shall be paid out of the general fund. 

Can a teacher close school without loss of wages and attend ai* 
institute? How are the expenses of an institute to be met? 



76 MICHIGAN SCHOOL LAW. 

(§160.) Sec. 7. The superintendent is authorized to hold 
once in each year, an institute for the State at large, to be 
denominated a State institute; and for the purpose of defin- 
ing the necessary expenses of such institute, the auditor- 
general shall, on the certificate of said superintendent that he 
has made arrangements for holding such institute, draw his 
warrant upon the state treasurer for such sum as said super- 
intendent shall deem necessary for conducting such institute, 
which sum shall not exceed four hundred dollars, and shall 
be paid out of the general fund: Provided, That not more 
than eighteen hundred dollars shall be drawn from the treas- 
ury, or any greater liability incurred in any one year, to meet 
the provisions of this act. 

(§161.) Sec. 8. The superintendent of public instruction, 
or the conductor of the institute by him appointed, drawing 
money from the county treasurer, under section five of this 
act, shall, at the close of each institute, furnish to the county 
treasurer, vouchers for all payments from the same in accord- 
ance with this act, and he shall return to the county treas- 
urer, whatever of the amount that may remain unexpended, 
to be replaced in the institute fund. 

CHAPTER XVI. 

NORMAL SCHOOL DIPLOMAS AND CERTIFICATES. 

(§163.) Section 3. The state board of education shall con- 
tinue the normal school at Ypsiianti in the county of Wash- 
tenaw, where it is now located. The purpose of the normal 
school shall be the instruction of persons in the art of teach- 
ing, and in all the various branches pertaining to the public 
schools of the State of Michigan: Provided, There shall be 
prescribed for said school a course of study intended specially 
to prepare students for the rural and the elementary [graded] 
schools of this State, which shall provide not less than twenty 
weeks of special professional instruction. 

(§164.) Sec. 5. Said board shall provide all necessary 
courses of study to be pursued in the normal school and es- 
tablish and maintain in connection therewith a fully equipped 

What is the purpose of the State normal school? 



STATUTORY PROVISIONS. 7T 

training school as a school of observation and practice, and 
shall grant upon the completion of either of said courses r 
such diplomas as it may deem best, and such diploma, when 
granted, shall carry with it such honors as the extent of the 
course for which the diploma is given may warrant and said 
board of education may direct. 

(3165.) Sec. 6. Upon the completion of the course spec- 
ially prescribed, as hereinbefore provided for the rural and 
elementary graded schools, said board of education shall upon 
the recommendation of the principal and a majority of the 
heads of the departments of said school, grant a certificate 
which shall be signed by said board and the principal of the 
normal school, which certificate shall contain a list of the 
studies included in said course, and which shall entitle the 
holder to teach in any of the schools of the State for which 
said course has been provided for a period of five years t 
Provided, That said certificate may be suspended or revoked 
by said State board of education upon cause shown by any 
county board of examination, or 03 7 any board of school 
officers. 

(3166.) Sec. 7. Upon the completion of either the ad- 
vanced courses of study prescribed by said State board, 
which shall require not less than four years for their com- 
pletion, said board of education, upon the recommendation 
of the principal and a majority of the heads of departments 
of said school, shall issue a certificate to the person complet-. 
ing said course, which certificate shall be referred to in the 
diploma hereinbefore provided to be granted. Said certificate 
shall set forth a list of the studies of the course completed 
and, when given, shall operate as a life certificate, unless re- 
voked by said State board of education. 

(3167.) Sec 8. The board of education shall make such 
regulations for the admission of pupils to said school as it 
shall deem necessary and proper : Provided, That the ap- 
plicant shall, before admission, sign a declaration of intention 
to teach in the schools in this State. 

Under what condition can the State normal grant a five-year 
certificate? A life certificate? What board of education may 
revoke said certificates? What is one of the requirements for- 
admission to the State normal school? 



78 MICHIGAN SCHOOL LAW. 

CHAPTER XVII. 

STATE CERTIFICATES TO TEACHERS. 

(§168) Sec. 15. Said board shall hold at least two meet- 
ings each year, at which they shall examine teachers, and 
grant certificates to such as have taught in the schools of the 
State at least two years and who shall, upon a thorough and 
critical examination in every study required for such certifi- 
cate, be found to possess eminent scholarship, ability, and 
good moral character. Such certificate shall be signed by 
the members of said board and be impressed with its seal 
and shall entitle the holder to teach in any of the public 
schools of this State without further examination, and shall 
be valid for life unless revoked by said board. No certificate 
shall be granted except upon the examination herein prescribed: 
Provided, That graduates of the literary and scientific depart- 
ments of the university and of incorporated colleges of the 
State, shall not be required to teach as a preliminary to tak- 
ing such examination and certificate. 

CHAPTER XVIII. 

teachers' associations. 

(1169.) Section 1. The People of the State of Michigan 
enact, Any fifteen or more teachers, or other persons residing 
in this State, who shall associate for the purpose of promot- 
ing education and science, and improvements in the theory 
and practice of teaching, may form themselves into a corpor- 
ation, under such name as they may choose, providing they 
shall have published, in some newspaper printed at 
Lansing, or in the county in which such association is to be 
located, for at least one month previous, a notice of the time, 
place, and purpose of the meeting for such association, and 
shall file in the office of the Secretary of State a copy of the 
constitution and by-laws of said association. 

How often does the State board of education meet to examine 
teachers for life certificates? What are the requirements? What 
number of teachers may unite to form a corporation? What 
direction is given for forming a corporation? 



STATUTORY PROVISIONS. 79 



(§170.) Sec. 2. Such association may hold and possess 
real and personal property to the amount of five thousand 
dollars ; but the funds or property thereof shall not be used 
for any other purpose than the legitimate business of the as- 
sociation in securing the objects of its corporation. 

(§171.) Sec. 3. Upon becoming a corporation, as hereinbe- 
fore provided, they shall have all the powers and privileges, 
and be subject to all the duties of a corporation, according to 
the provisions of chapter fifty-five of the Revised Statutes of 
this State [Chap. 130, Compiled Laws of 1871], so far as such 
provisions shall be applicable in such case, and not in con- 
sistence with the provisions of this act. 

CHAPTER XIX. 

This chapter relates in a general manner to the requirements 
of all public officers in regard to the safe keeping of public 
moneys. 

CHAPTER XX. 

Act No. 144, Laws of 1883, as amended by Act No. 108, Laws of 1885. 
COMPULSORY EDUCATION OF CHILDREN. 

(§180.) Section 1. The People of the State of Michigun 
enact, That every parent, guardian, or other person in the 
State of Michigan, having control and charge of any child or 
children between the ages of eight and fourteen years, shall 
be required to send such child or children to a public school 
for a period of at least four months in each school year, com- 
mencing on the first Monday of September in the year 
eighteen hundred and eighty-three, at least six weeks of 
which shall be consecutive, unless such child or children are 
excused from such attendance by the board of the school 
district in which such parents or guardians reside, upon its 
being shown to their satisfaction that his bodily or mental 
condition has been such as to prevent his attendance at 

What privileges and restrictions are mentioned? Mention the 
duties of parents and guardians in regard to sending their chil- 
dren to school? 



80 MICHIGAN SCHOOL LAW 

school, or application to study for the period required, or 
that such child or children are taught in a private school, or 
at home, in such branches as are usually taught in primary 
schools, or have already acquired the ordinary branches of 
learning taught in public schools : Provided, In case a public 
school shall not be taught for four months during the year 
within two miles, by the nearest traveled road, of the resi- 
dence of any person within the school district, he shall not 
be liable to the provisions of this act. 

(§181.) Sec 2. No child under the age of fourteen years 
shall be employed by any person, company or corporation, 
to labor in any business, unless such child shall have attended 
some public or private day school where instruction was 
given by a teacher qualified to instruct in such branches as 
are usually taught in primar}* schools, at least four months 
of the twelve months next preceding the month in which 
such child shall be so employed : Provided, That a certifi- 
cate from the director of the school district in which such 
child shall have attended school shall be evidence of a com- 
pliance with the provisions of this act. 

(§182.) Sec. 3. Every parent, guardian, or other person 
having charge or control of any child from eight to fourteen 
years of age, who has been temporarily discharged from any 
business or employment, shall send such child to some pub- 
lic or private day school for the period for which such child 
shall have been discharged, unless such child shall have been 
excused from snch attendance by the board of the school 
district, for reasons as stated in section one hereof. 

(§183.) Sec 4. It shall be the duty of the school district 
board of each district of the State to purchase and furnish, 
at the expense of the district, such text books as may in the 
judgment of said board be necessary for the use of children 
whose parents are not able to furnish the same, the expense 
of such books to be levied in like manner as other district 
taxes. 



Can children be employed to labor? What is said of unemployed 
children? Can the district board furnish text-books? 



STATUTORY PROVISIONS. 81 



(§184.) Sec. 5. In case any parent, guardian, or other 
person shall fail to comply with the provisions of sections 
two, three or four of this act, such parent, guardian, or other 
person shall be deemed guilty of a misdemeanor, and shall, 
on conviction, be liable to a fine of not less than five dollars 
nor more than ten dollars for the first offense, and of not less 
than ten dollars for each subsequent offense. 

(§185.) Sec. 6. It shall be the duty of the officers detailed 
or appointed under the provisions of this act to assist in the 
enforcement thereof, to institute, or cause to be instituted, 
proceedings against any parent, guardian, or other person 
having legal charge and control of any child, or any person, 
company, or corporation, violating any of the provisions of 
sections one, two, three, four and five of this act ; and in 
school districts and cities, and villages of less than five 
thousand inhabitants, it shall be the duty of the school board 
to institute, or cause to be instituted, such proceedings. 

(§186.) Sec. 7. When any of the provisions of this act 
are violated by a corporation, proceedings may be had against 
any of the officers or agents of said corporation, who in any 
way participate in or are cognizant of such violation by the 
corporation of which they are the officers or agents, and said 
officers or agents shall be subject to the same penalties as 
individuals similarly offending. 

CHAPTER XXI. 

Act No. 108, Laws of 1885, as amended by Act No. 218, Public Acts of 1889: 
COMPULSORY REFORMATORY EDUCATION OP JUVENILE DISOR- 
DERLY PERSONS. 

(§187.) Section 1. In all cities, villages and townships in 
this State maintaining and supporting a graded school, the 
board of education, school board or other officer or officers 
having charge of the schools of said cities, villages and town- 
ships may establish one or more ungraded schools for the 
instruction of certain children, as defined and set forth in the 

What penalty for non-compliance is made? What is the duty 
of truant officers? Where can ungraded schools be established? 



82 MICHIGAN SCHOOL LAW. 

following sections, and the}^ may, through their authorized 
agents or officers, require said children to attend said un- 
graded schools or any department of their graded schools, as 
said [board] of education or school board may designate, 
during the whole or a portion of each school daj', as they 
may direct. 

(§188.) Sec. 2. In all cities having a duly organized police 
force, it shall be the duty of 1he police authority, at the re- 
quest of the school authority, to detail one or more members 
of said force to assist in the enforcement of this act ; and in 
cities, villages, or townships having no regular police force, 
it shall be the duty of the board of education, or the school 
district officers, to designate the marshal of such city, or vil- 
lage or one or more constables of said city village or 
township, whose duty it shall be to assist in the enforce- 
ment of this act, as occasion may require, and board 
of education or school board shall fix and determine the com- 
pensation to be paid such officer for the performance of his 
duties under this act, and shall pay the same from any mon- 
eys in their hands raised or provided for the general expenses 
of the public schools. Members of any police force, marshal 
or constable designated to assist in the enforcement of this 
act, as provided in this section, shall be known as truant 
officers. 

(§189.) Sec. 3. The following classes of persons between 
the ages of eight and sixteen years shall be deemed juvenile 
disorderly persons, and shall be subject to the provisions of 
this act : 

Class One, Habitual truants from any school in which they 
are enrolled as pupils ; 

Class Two, Children who, while attending any public 
school, are incorrigibly turbulent, disobedient, or insubor- 
dinate, or are vicious or immoral in conduct; 

Class Three, Children who are not attending any school, 
and who habitually frequent streets and other public places, 

Is attendance required? How are truant officers appointed? 
Who are deemed juvenile disorderly persons? 



STATUTORY PROVISIONS. 83 

having no lawful business, employment, or occupation, which 
renders attendance at school impossible. 

(§190.) Sec. 4. It shall be the duty of the truant officers, 
under the direction of the aforesaid school authorities, or 
their authorized agents to warn alleged truants and incor- 
rigibles, and their parents or guardians, of the consequences 
of belonging to any of said class of juvenile disorderly per- 
sons, as set forth and defined in this act. They shall also, 
under direction aforesaid, serve written or printed notice 
upon the parent or guardian of any child belonging to class 
one, or to class two, as described and defined in section three 
of this act, that such child must begin regular attendance at 
auch school within five days of the date of service of such 
notice. 

(§191.) Sec 5. They shall also under direction, as afore" 
said, give written or printed notice to the parent or guardian 
of any child belonging to class three, as described and defined 
in section three of this act. that said child is not attending; 
any school and require said parent or guardian to cause said 
child to begin regular attendance at such school within five 
days of the date of the service of said notice. 

(§192.) Sec. 6. If said parent or guardian, or other per- 
son having the legal charge and control of said child shall 
willfully refuse, fail or neglect to cause said child to attend 
such school, after notice given, as prescribed in sections four 
and five ot this act, it shall be the dut}~ of said officer to 
make or cause to be made a complaint against said parent, 
guardian, or other person having the legal charge and con- 
trol of such child, before a justice of the peace in the city, 
village or township where the party resides, except in cities 
having a recorder's or police court, when complaint shall be 
made in said recorder's or police court, for such refusal or 
neglect, and said justice of the peace, police judge, or re- 
corder's court shall issue a warrant upon said complaint and 
shall proceed to hear and determine the same, and upon con- 
viction thereof said parent, guardian, or other person, as the 

TVhat are the duties of truant officers? What courts have jur- 
isdiction? 



84 MICHIGAN SCHOOL LAW. 

case may be, shall be punished by a fine not less than ten 
dollars, nor more than twenty-five dollars, or the court may 
in its discretion, require the person so convicted to give a 
bond in the penal sum of one hundred dollars with one or 
more sureties to be approved by said court, conditioned that 
said person so convicted shall cause the child or children 
under his legal charge or control, to attend at such school 
within five days thereafter, and to remain at said school dur- 
ing a full school term of twenty school weeks, dating from 
time of beginning of said attendance : Provided, That if 
said parent, or guardian, or other person in charge of said 
child shall under oath plead inability to cause said child to 
attend said school, then said parent, or guardian or other per- 
son shall be discharged, and said justice of the peace, or 
court shall, upon complaint of said truant officer, or other 
person that said child is a juvenile disorderly person, as de- 
scribed in section three of this act, issue a warrant and pro- 
ceed to hear such complaint, and if said justice of the peace 
or court shall determine that said child is a juvenile disor- 
derly person within the meaning of this act, then said justice 
of the peace or court shall thereupon and after consultation 
with the county agent, sentence said child, if a boy to the re- 
form school at Lansing, or if a girl, to the industrial home for 
girls at Adrian, as the case may be, for one year, or for a 
longer term, not extending beyond the time when said child 
shall arrive at the age of sixteen years, unless sooner dis- 
charged by the board of control of said reform school, or in- 
dustrial home for girls: Provided, however, That such sen- 
tence may be suspended in the discretion of the said justice 
of the peace, police judge, or judge of the recorder's court, 
for such time as said child shall regularly attend school, and 
properly deport himself for herself: It is further provided, 
That if for any cause the parent, or guardian, or other person 
having charge of any juvenile disorderly person, as defined 
in this act, shall fail, after notice as heretofore prescribed in 
this act, to cause such juvenile disorderly person to attend 
said school, or if such parent, guardian, or other person shall 

What penalty may be imposed upon the parents and guardians. 
of, and juvenile disorderlies? 



STATUTORY PROVISIONS. 85 

make the complaint as provided in this act without proceed- 
ings having been taken against him as in this act provided, 
or if said juvenile disorderly person have no parent or 
guardian then complaint against such juvenile disorderly per- 
son may be made, heard, tried, and determined in the same 
manner as is provided for in case the parent pleads inability 
to cause such juvenile disorderly person to attend said school: 
And it is further provided, That no child under the age of ten 
years shall be sent to the reform school, or industrial home 
for girls. 

(1193.) Sec. 7. When it appears to the school authorities 
that the parent, guardian, or other person is unable to pro- 
vide suitable books for said child, said child shall be fur- 
nished by the school board with such books as are required 
in the course of studies pursued in such school, and said 
books shall be the same in all respects as those in use in 
other schools in said city, village, or township and no dis- 
tinction in form, color labeling, or substance shall be per- 
mitted. The expense of said books shall be paid for from 
the school fund of said municipality and levied and collected 
in the same manner as all other school taxes. 

(1194.) Sec. 8. It is further provided that the provisions 
of act number one hundred and forty-four of the public acts 
of eighteen hundred and eighty- three, entitled ' ' An act to 
provide for the compulsory education of children in certain 
oases," approved May thirty-first, eighteen hundred and 
eighty-three, limiting such compulsory education to a period 
not exceeding four months in any one year shall not, so far 
as said limitation is concerned, have any application to the 
class of juvenile disorderly persons provided for in this act. 

CHAPTER XXII. 

REGULATING THE EMPLOYMENT OF CHILDREN. 

(§195.) Section 1. The People of the State of Michigan 
enact, That no child under the age of ten years shall be em- 

What children may not be sentenced? What provisions are 
made in Sec. 7 and 8? What children cannot be employed? 



86 MICHIGAN SCHOOL LAW. 

ployed in any factory, warehouse or workshop where the 
manufacture of any goods whatever is carried on, or where 
any goods are prepared for manufacturing. 

(3196.) Sec. 2. No child under the age of fourteen years 
shall be employed by any person to labor in any business, 
unless such child shall have attended some public or private 
day school, where instruction was given by a teacher quali- 
fied to instruct in such branches as are usually taught in 
primary schools, at least four months of the twelve months 
next preceding the month in which such child shall be so em- 
ployed, except in districts in which only three months of 
school are taught by a qualified teacher: Provided, That a 
certificate of such attendance from the superintendent of the 
school, or the director of the school district in which such 
child shall have so attended school, shall be evidence of a 
compliance with the provisions of this section, if acted upon 
by the employer in good faith. If any such superintendent 
or director shall knowingly make a false certificate he shall 
be deemed guilty of a violation of this act, and shall be liable 
to the punishment hereinafter provided. 

($197.) Sec. 3. Certificates given under the preceding 
section shall be deposited with the employer, at the time of 
employing any such child, and shall be kept by him on file 
in his office, and shall, at all times be subject to inspection 
by the persons authorized to make inspections under this act. 

(§198.) Sec. 4. No child, or young person under the age 
of eighteen years, and no woman, shall be employed in any 
factory, warehouse workshop or place where the manufac- 
ture of any kind of goods is carried on, or where any goods 
are prepared for manufacturing, for a longer period than an 
average of ten hours in a day, or sixty hours in any week, 
and at least one hour shall be allowed in the labor period of 
each day for dinner. 

(§199.) Sec 5. Every person who shall employ any fema'e 
in any factory, warehouse, workshop, store or hotel shall pro- 
vide suitable seats for the use of the females so employed, 

Must employer have certificate of attendance- at school? What 
is said of seats for female employes? 



STATUTORY PROVISIONS. 87 

and shall permit the use of such seats by them when they are 
not necessarily engaged in the active duties for which they 
are employed. 

(§200.) Sec. 6. Any person, company or corporation who 
shall violate any of the provisions of this act, shall, for each 
offense, forfeit a penalty of fifty dollars, to be recovered be- 
fore any competent court. 

(§201.) Sec 7. In all cities it shall be the duty of the 
superintendent, or chief officer of police, by suitable inspec- 
tions, to see that the regulations of this act are observed, and 
also to prosecute all persons who shall violate the same. Such 
superintendent, or chief officer of police, shall detail such 
portion of the force under him as he shall deem necessary, 
for the inspection, from time to time, of all the aforesaid 
places where such children or young persons may be em- 
ployed : Provided, That, in the city of Detroit, the board of 
building inspectors of said city, or any member thereof, shall 
have concurrent jurisdiction with the superintendent or chief 
officer of police with like power and authority to personally 
see that the regulations of this act are observed and also to 
enter complaint against all persons who shall violate the 
same. In towns the supervisors thereof shall perform the 
duties above imposed on the superintendent, or chief officer 
of police in cities. 

(§202.) Sec 8. The directors of any corporation which 
shall willfully neglect or refuse to obe} T the provisions of this 
act, shall each be liable to the penalties of this act : Pro- 
vided, That the provisions of this act shall not apply to any 
of the penal, reformatory, or benevolent institutions of this 
State. 

CHAPTER XXIII. 

TO PREVENT CRIME AND PUNISH TRUANCY. 

(§203.) Section 1. The People of the State of Michigan 
enact, That any girl between the ages of ten and seventeen 
years, or bo}' between the ages of ten and sixteen years, who 

Whose duty is it to enforce the law regulating the employment 
of children? T\ T hat girl or boy may be deemed a truant and dis- 
orderly person? 



88 MICHIGAN SCHOOL LAW. 

shall run away, or willfull} 7 absent himself or herself from the 
school he or she is attending, or from any house, office, shop, 
farm or other place where such person is legitimately em- 
ployed to labor, or shall frequent saloons or other places 
where intoxicating liquors are kept for sale, or shall be found 
lounging around the same, or shall be found lounging upon 
the public streets, or other public places of any city or vill- 
age, against the command of his or her parent or guardian, or 
shall, without the permission of his or her parents or guard- 
ian, attend any public dance, skating rink or show, shall be 
deemed to be a truant and disorderly person. 

(§204.) Sec. 2. Upon complaint upon oath and in writ- 
ing made before any justice of the peace by the parent or 
guardian of any girl between the ages of ten and seventeen 
years, or of any boy between ten and sixteen years of age, or 
by the supervisor of any township, or the mayor of any city, 
or president of any village, and in cities of over eight thous- 
and population, by the chief of police, that any such minor 
has been guilty ol any of the acts specified in section one of 
this act, such justice shall issue his warrant for the arrest of 
such minor, and upon such conviction, such minor, if a boy, 
may be sentenced by such justice to the reform school for 
boys at Lansing ; and if a girl, to the State industrial home 
for girls at Adrian ; boys until seventeen years of age and 
girls until twenty-one years of age, unless sooner discharged 
according to law : Provided, That no person or persons shall 
be sent to said reform school for bo} 7 s, or the industrial home 
for girls until the sentence therein has been submitted to and 
approved by the circuit judge of the circuit or the judge of 
probate of the county in which such conviction shall be had. 

(§205.) Sec. 3. The same proceedings shall be had upon 
the trial of any person charged with being guilty of any of the 
offenses mentioned in section one of this act before the jus- 
tice before whom such person is brought as are had in trials 
for misdemeanor, as far as the same are applicable, and the 
State agent for the care of juvenile offenders of the county 

Who can make a complaint ?£' Give penalty imposed upon con- 
viction? What is the duty of the State agent? 



STATUTORY PROVISIONS. 



89 



wherein such offenders may be on trial shall have authority 
and taKe the same action in the premises as is provided bv 
act number one hundred and seventy-one of the session laws 
of eighteen hundred and seventy-three of this State. 

CHAPTER XXIV. 

FREE TEXT BOOKS. 

JJfvl ?T IOX h T he ? e °P Je of the tftafc of Michigan 
enact, That from and after June thirtieth, eighteen hundred 
and ninety, each school board of the State shall purchase 
when authorized, as hereinafter provided, the text books used 
by the pupils of the schools in its district in each of the fol 
lowing subjects, to wit : Orthography, spelling, writing 
reading, geography, arithmetic, grammar (including lauo-ua<?e 
lessons), national and State history, civil government* and 
physiology and hygiene ; but text books once adopted under 
the provisions of this act shall not be changed within five 
years : Provided, That the text book on the subject of 
physiology and hygiene must be approved by the State board 
of education, and shall in every way comply with section 
ntteen of act number one hundred and sixty-five of the public 
acts of eighteen hundred and eighty-seven, approved June 
ninth, eighteen hundred and eighty-seven : And provided 
further, That all text books used in any district shall be uni- 
lorm in any one subject. 

(§207) Sec. 2. The district board of each school district 
shall select the kind of text books on subjects enumerated in 
section one to be taught in schools of their respective dis- 
tricts : Provided, That nothing herein contained shall re- 
quire any change in text books now in use in such district 
I hey shall cause to be posted in a conspicuous place, at least 
ten days prior to the first annual school meeting from and 
after the passage of this act, a notice that those qualified to 
vote upon the question of raising money in said district shall 
vote at such annual meeting to authorize said district board 
to purchase and provide free text books for the use of the 

What text-books can a district furnish free? When is the vote 
to be taken? How is a district directed to furnish free text-books? 



90 MICHIGAN SCHOOL LAW. 

pupils in said district. If a majority of all the voters, as 
above provided, present at such meeting shall authorize said 
board to raise by tax a sum sufficient to comply with the pro- 
visions of this act, the district board shall thereupon make a 
list of such books and file one copy with the township clerk 
and keep one copy posted in the school, and due notice of 
such action by the district shall be noted in the annual re- 
port to the superintendent of public instruction. The district 
board shall take the necessary steps to purchase such books 
for the use of all pupils in the several schools of their dis- 
trict, as hereinafter provided. The text books so purchased 
shall be the property of the district purchasing the same, and 
shall be loaned to pupils free of charge, under such rules and 
regulations for their careful use and return as said district 
board may establish : Provided, That nothing herein con- 
tained shall prevent any person from buying his or her books 
from the district board of the school in which he or she may 
attend : Provided further, That nothing herein contained 
shall prevent any district having once adopted or rejected 
free text books from taking further action on the same at any 
subsequent annual meeting. 

(§208.) Sec. 3. It shall be the duty of the district board 
of any school district adopting free text books provided for 
in this act to make a contract with some dealer or publisher 
to furnish books used in said district at a price not greater 
than the net wholesale price of such books : Provided, That 
any district may, if it so desires, authorize its district board 
to advertise for proposals before making such contract. 

(§209.) Sec. 4. The district board of every school district 
in the State adopting free text books under this act shall 
make and prepare annually an estimate of the amount of 
mone} T necessary to be raised to comply with the conditions 
of this act, and shall add such amount to the annual estimates 
made for money to be raised for school purposes, for the 
next ensuing year. Said sum shall be in addition to the 
amount now provided by law to be raised ; which amount 
each township clerk shall certify to the supervisor of his 
township to be assessed upon the taxable property of the 
respective districts as provided by law for raising the regular 



STATUTORY PROVISIONS. 91 



annual estimates of the respective district boards for schoo* 
purposes, and when collected shall be paid to the district 
treasurer in the same manner as all other money belonging to 
said district is paid. 

(§210.) Sec. 5. On the first day of February next after the 
tax shall have been levied, the director of said district may 
proceed to purchase the books required by the pupils of his 
district from the list mentioned in section one of this act, and 
shall draw his warrant, countersigned by the moderator, 
upon the treasurer or assessor of the district for the price of 
the books so purchased, including the cost of transportation. 

(§211.) Sec. 6. If the officers of any school district, which 
has so voted to supply itself with text books, shall refuse or 
neglect to purchase at the expense of the district for the use 
of the pupils thereof, the text books as enumerated in section 
one of this act, or to provide the money therefor as herein 
prescribed, each officer or member of such board so refusing, 
or neglecting, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof before a court of competent juris- 
diction, shall be liable to a penalty of not more than fifty dol- 
lars or imprisonment in the county jail for a period not ex- 
ceeding thirty days or by both such fine and imprisonment in 
the discretion of the court : Provided, That any district 
board may buy its books of local dealers if the same can be 
purchased and delivered to the director as cheap as if bought 
of the party who makes the lowest bid to the district board : 
Provided further, That school districts in cities organized 
under special charters shall be exempt from the provisions of 
this act, but such districts may, when so authorized by a 
majority vote of their district boards, submit the question of 
free text books to the qualified voters of said districts. If a 
majority of the qualified electors vote in favor of furnishing 
free text books, such district boards shall have authority to 
proceed under the provisions of this act. 

Give penalty for neglect of duty ? Does this law apply to city 
boards of education? 



92 MICHIGAN SCHOOL LAW. 

NOTE. 

APPORTIONMENT OF SURPLUS DOG-TAX TO SCHOOL DISTRICTS. 

Under the provisions of Act No. 198, Public Acts of 1877, 
as amended by Act No. 283 of the Public Acts of 1881, it is 
required that in all the townships and cities of the State there 
shall annually be levied and collected a tax of one dollar upon 
«very male dog and of three dollars upon every female dog. 
The money thus obtained is to constitute a fund in the sev- 
eral townships and cities for the payment of damages sus- 
tained by owners of sheep by reason of having such sheep 
killed or wounded by dogs. Section six of the law referred 
to provides that "if money remains of such fund after satis- 
factory payment of all claims aforesaid in any one year over 
and above the sum of one hundred dollars, it shall be appor- 
tioned among the several school districts of such township or 
city in proportion to the number of children therein of school 
age." The apportionment must be based upon the whole 
number of children of school age residing in the township, 
and include all districts whether lying wholly or partly in 
such township. In case of a fractional district in which the 
school-house is situated in a different township, the money 
belonging to such district must be paid over to the treasurer 
of the township in which the school-house is situated, and by 
that treasurer paid to the district, in the same way as in the 
oase of the one-mill and other taxes. 

Act 141 of the Public Acts of 1891 repeals Act No. 214, 
Public Acts of 1889 providing that, if in any city and anj r 
township or part of township adjoining thereto (the same 
being within one county) any money remains in the fund for 
payment of losses by killing of sheep by dogs ' 'after the 
payment of the orders payable out of the same and the 
amount of said money shall exceed the sum of two hundred 
dollars, the sum in excess of two hundred dollars shall be 
apportioned by said county treasurer to the said township or 
part of township and said city in proportion to the amount 
contributed to said fund during the preceding year, and the 

What dog tax shall be collected? How shall it be apportioned? 



STATUTORY PROVISIONS. 9S 

amount so apportioned to any said township or part of town- 
ship, or said city, shall be respectively apportioned among 
the several school districts of said township or part of town- 
ship and said city, in proportion to the number of children 
therein of school age." The distribution of the surplus will 
hereafter be made in accordance with the provisions of sec- 
tion 6 of Act No. 198, Public Acts of 1877, as amended by 
Act No. 283 of the Public Acts of 1881. 



[ ACT No. 119. ] 

AN ACT authorizing the introduction of the kindergarten 
method in the public schools of this State. 

Section 1. Ihe People of the State of Michigan enact r 
That in addition to the duties imposed by law upon the 
district board of every school district in this State, they shall 
also be empowered to provide a suitable room or apartment 
for kindergarten work, and to supply their district respec- 
tively with the necessary apparatus and appliances for the 
instruction of children in what is known as the kindergarten 
method. 

Sec. 2 In the employment of teachers it shall be compe- 
tent for such district board to require qualifications for in- 
struction of children in kindergarten methods, and the dis- 
trict board may provide by contract with the teacher for 
such instruction, specifying the hours and times therefor 
under such rules as the district board may prescribe. 

Sec 3. All children residing within the district between 
the ages of four and seven shall be entitled to instructions in 
the kindergarten department of such district school. 

Sec. 4. The powers and duties herein imposed or con- 
ferred upon the district shall also be and the same are hereby 

What powers have the district board in regard to kindergarten 
instruction? What children are entitled to instruction? Does, 
this act apply to all other public schools in this State? 



94 MICHIGAN SCHOOL LAW. 

imposed and conferred upon the school trustees or board of 
education or other body, by whatever name known, manag- 
ing or controlling the public schools in each city and village 
of this State ; and this act is hereby made applicable to every 
public school organized by special act or by charter as fully 
as if thev were named herein. 



[ACT No. 144.] 

AN ACT to authorize the faculty of the department of litera- 
L ture, science and the arts, of the University of Michigan to 
give teachers' certificates in certain cases. 

Section 1. The People of the State of Michigan enact, 
That the faculty of the department of literature, science and 
the arts, of the University of Michigan, shall give to every 
person receiving a bachelor's, master's or doctor's degree, and 
also a teacher's diploma for work done in the science and the 
arts of teaching from said Universtty, a certificate, which 
shall serve as a legal certificate of qualification to teach in 
any of the schools of this State, when a copy thereof shall 
have been filed or recorded in the office of the legal examining 
officer or officers of the county, township, city or district. 
Such certificate shall not be liable to be annulled except by 
the said faculty of the said University ; but its effect may be 
suspended in any county, township, city or district, and the 
holder thereof may be stricken from the list of qualified teach- 
ers in such county, township, city or district, by the legal 
examining officer or officers of the said county, township, city 
or district, for any cause and in the same manner that such 
examining officer or officers may be bj r law authorized to re- 
voke certificates given by himself or themselves, and such 
suspension shall continue in force until revoked by the author- 
ity suspending it. 



To whom can the University of Michigan grant a teacher's 
diploma? By whom can it be annulled or suspended? 



STATUTORY PROVISIONS. 95 

[ ACT NO. 327. ] 

A BILL authorizing the trustees of certain colleges within 
the State of Michigan to give teachers certificates. 

Section 1. The People of the State of Michigan enact, That 
the trustees of the several colleges incorporated under the 
laws of the State of Michigan, and thereby empowered to 
confer degrees, shall give to every person receiving a bachel- 
or's, master's or doctor's degree a certificate, which shall serve 
as a legal certificate of qualification to teach in any of the 
schools of this State, when a copy thereof shall have been 
filed or recorded in the office of the legal examining officer or 
officers of the county, city, township or district : 

Provided, Such person shall have taken a course in the sci- 
ence and art of teaching in such college, and shall have re- 
ceived a diploma for such work done in addition to his other 
degree, as hereinafter provided. 

Sec. 2. No such certificate shall be given by the trustees 
of any college that requires less than four years of collegiate 
work for the bachelor's, master's or doctor's degree in addi- 
tion to the usual preparatory work for admission to the col- 
lege, or the University of Michigan; and before any such cer- 
tificate shall be given, such college shall require candidates 
for such certificate to complete a course in the science and art 
of teachiDg equivalent to five and one-half hours a week for a 
college year, and such course in the science and art of teach- 
ing shall first be submitted to and approved by the State 
Board of Education. 

Sec. 3. It shall be the duty of the said board of educa- 
tion to carefully examine any course of study in the science 
and art of teaching that may be submitted to them by the 
trustees of any college, and, if satisfactory, to furnish such 
trustees with a written certificate approving the same. 

Sec 4. Every teacher's certificate granted by any college, 
as hereinbefore set forth, shall be countersigned by the Su- 
perintendent of Public Instruction, and such certificate shall 

What colleges may grant teacher's certificates ? What conditions 
are imposed? By whom must said certificates be countersigned? 



96 MICHIGAN SCHOOL LAW 

not be anulled except by the trustees of the college which 
gave it, but its effect may be suspended in any county, city, 
township or district, and the holder thereof may be stricken 
from the list of qualified teachers in such county, city, town- 
ship or district, in the same manner and for the same cause 
that such examining officer or officers may be by law author- 
ized to revoke certificates given by himself or themselves, 
and such suspension shall continue in force until revoked by 
the authority suspending it. 

Sec. 5. If at any time the said board of education shall 
conclude that any college, taking advantage of this act, is 
not giving such instruction in the science and art of teaching 
as shall be approved by said board, then said board shall so 
determine by a formal resolution, and shall give notice there- 
of to the trustees of such college; and thereafter no such 
teachers' certificates shall be given by such college until said 
board of education shall be satisfied that proper instruction 
in the science and art of teaching is given in such college, 
and shall certify such fact to the trustees of such college. 




DIGEST OF DECISIONS. 



TOWNSHIP BOARD OF SCHOOL INSPECTORS. 

1. The statutory notice of meetings by inspectors must be 
given, stating the object of the meeting. And no business at 
a meeting inconsistent with the notice is lawful. Passage v. 
School Inspectors of Williamstown, 19 Mich., 330. 

2. The township board of school inspectors have no power 
to dissolve a school district erected by special act of the 
legislature, and to set back the territory into the districts 
from which it was taken. School District v. Dean, 17 
Mich., 223. 

3. On the erection and organization of a new township, 
the inspectors of such township may sever its territory from 
the school district within which it was formerly embraced, 
and there is no general provision of law which charges the 
property within the new township with the obligation to pay 
any debts created for school purposes, which existed at the 
time of the erection of the new township. School District 
No. 1 of Portage v. Ryan, 19 Mich., 203. 

4. Mandamus will not be granted to disturb an apportion- 
ment made by the township board of school inspectors 
between different districts, acquiesced in for several years, 
and which if the court could change it has no proof that it 
ought to. School District No. 3 of Riverside Township v, 
the Township of Riverside, 67 Mich., 404. 



98 MICHIGAN SCHOOL LAW. 

II. 

APPEALS FROM ACTION OF SCHOOL INSPECTORS. 

5. Under the statute providing for appeals from the board 
of school inspectors to the township board, the approval of 
the appeal bond is essential to complete an appeal; and the 
fact that the bond was presented to the clerk of the board of 
inspectors, who refused to approve it because it was not wit- 
nessed, even though the objection be a frivolous one, made in 
bad faith and for vexation, will not render the bond sufficient 
without an approval, since, under the statute, it may be 
approved also by any justice of the township. Clement v. 
Everest, 29 Mich., 19. 

6. The validity of the action of school inspectors in 
changing the boundaries of school districts is not affected b} r 
the fact that the inspectors were interested parties as tax- 
payers and residents; the disabling doctrine has no application 
to those administrative acts which are public, and not with 
or between private parties. Ibid. 

7. The regularity of the action of school inspectors in 
creating or changing school districts will not be inquired iuto 
in a collateral proceeding; their action is the exercise of a 
public discretionary power, which can only be reviewed, if at 
all, by some direct appellate process authorized by law and 
operating upon the proceedings themselves to affirm, reverse 
or change them. Ibid. 

8. Parties appealing under the statute from the action of 
school inspectors in arranging school districts, to the town- 
fchip board, thereby waive those questions which require judi- 
cial review and submit themselves to the discretion of that 
body; and a certiorari to the township board does not open 
for review the doings of the inspectors. Brody v. Township 
Board of Penn, 32 Mich., 272. 

9. It was never intended that a court should exercise any 
of these powers of discretionary administration; and when, on 
such appeal, the township board acted within its jurisdiction, 
its discretion cannot be reviewed by the courts; and if it did 



DIGEST OF DECISIONS. 99 

not, and its acts were void, then under the statute the action 
of the inspectors, after ten days, is equally intact and beyond 
disturbance. Ibid. 

10. Where, however, the township board, acting without 
authority, reverses the action of the inspectors, their doings 
may be overturned; but an order of the board affirming the 
action of the inspectors, whether properly or improperly, only 
leaves such action where it would have been without such 
interference. Ibid. 

11. A township board has jurisdiction of appeals from 
decisions of the board of school inspectors fixing the amount 
to be paid by an old school district to a new one where the 
latter comprises part of the same territory, and the former 
retains the school property. School District No. Five of Pine 
Township v. Wilcox, 48 Mich., 404. 



III. 



TOWNSHIP BOARD. 

12. An application to the township board to remove the 
moderator of a school district, on the ground that he persist- 
ently refuses to countersign an order drawn by the director 
of the district on the assessor, involves an inquiry, in which 
the payee named in the order is an interested party. Stock- 
well v. Township Board of White Lake, 22 Mich., 341. 

13. A proceeding before the township board to remove an 
officer of a school district, is in the nature of a judicial inves- 
tigation; and when one of the board is interested in the sub- 
ject of the complaint, and the presence of such member is 
essential to the quorum, the proceedings are void. Ibid. 

14. When either of the members of the township board is 
interested in the subject for consideration, he is not "compe- 
tent or able to act," in the sense of the statute; and such 
incompetency will justify the calling in of one of the remain- 
ing justices. Ibid. 



100 MICHIGAN SCHOOL LAW. 

15. Every special tribunal appointed by law is subject to 
the maxim that no person can sit in any cause in which he is 
a party, or in which he is interested. Ibid. 

16. The removal of a school district assessor by the town- 
ship board is reviewable on certiorari. Merrick v. Township 
Board, 41 Mich., 630. 

17. Costs awarded by the supreme court in a proceeding 
by certiorari against persons composing a township board to 
review their official acts, are to be collected like township 
charges, and not by execution against the officers personally. 
Stockwell v. Township Board of White Lake, 22 Mich., 341. 

18. Proceedings by a township board to remove a school 
director are not invalidated by the fact that it did not meet 
to agree on the notice under which the proceedings were 
taken. Wenzell v. Township Board of Dorr, 49 Mich., 25. 

19. The primary school law does not authorize the town- 
ship board to remove the moderator for hiring her husband 
to teach the district school and agreeing to pay him more 
than is necessary to secure a better teacher. Hazen v. Town 
Board of Akron, 48 Mich., 188. 

20. In providing that the school director shall keep the- 
necessary school-house furniture in due order and condition,, 
and that his expenses shall be subsequently audited and paid, 
it is not intendeds hat money must be put into his hands be- 
forehand. Township Board of Hamtramck v. Holihan, 4fr 
Mich., 127. 

21. The township board is exclusive judge of the facts on 
which it is authorized to remove a school director, and its- 
proceedings can only be reviewed by the circuit and supreme 
courts on questions of law. Ibid. 

22. Proceedings by a township board to remove a school 
director cannot properly be taken until the action of the pro- 
per authorities has been invoked by complaint of some 
definite violation of duty ; but where the plaintiff admits the 
charges set up against him, and expressly desires the board 
to act on them without further delay, he cannot afterwards. 



DIGEST OF DECISIONS. 101 

complain that they did so. Geddes v. Township of Thomas- 
town, 46 Mich., 316. 

23. The action of a town board in removing a school 
director is final, unless speedily brought up for review. Ibid. 

24. The willful refusal of a school director to sign a con- 
tract made with a teacher, or to accept and file it, or draw or- 
ders for the teacher's pay while it is pending, and his obstinate 
neglect to furnish necessary school-house supplies, may be 
taken into account in proceedings for his removal. Ibid. 

IV. 

ORGANIZATION OF SCHOOL DISTRICTS. 

25. There should be some special and extraordinar} 7 
reason to justify interference by quo warranto with the or- 
ganization of a school district, as the statutes provide a 
speedier remedy by an appeal from the inspectors to the town- 
ship board. Lord v. Every, 38 Mich., 405. 

26. When a school district had enjoyed its franchises for 
five years, during most of which time proceedings to inquire 
into the validity of the organization had been pending by quo 
warranto and writ of error instead of the speedier statutory 
process of appeal, the supreme court declined to review its 
organization on technicalities. Ibid. 

27. The legal organization of a school district actually 
exercising its corporate powers, cannot be collaterally ques- 
tioned in contesting a title based on a school tax. Stockle et 
al. v. Silsbee, 41 Mich., 615. 

28. A certiorari to review proceedings whereby a new 
school district has been created out of old districts, must be 
applied for before the district has been organized and as- 
sumed the functions of a corporation ; after that time the 
proper course is to take measures to try the legality of its 
corporate existence by quo warranto, or other direct proceed- 
ing against the alleged corporation or its officers. Fractional 
School District No. 1 of Owosso, etc., v. School Inspectors of 
Owosso, etc., 27 Mich., 3. 



102 MICHIGAN SCHOOL LAW. 

29. Certiorari addressed to the assessor of a school dis- 
trict is wholly unsuited as a remedy to test the legal organi- 
zation and existence of the district, as the errors, if any there 
are, lie back of any action of the assessor, and are to be 
found in the action of the township authorities. Jaquith v. 
Hale, 31 Mich., 430. 

30. It has always been the policy of the Mich, school 
laws that no primaiy school district should contain more than 
nine sections of land. Simpkins et al. v. School District No. 
1 of Michigamme et al., 45 Mich , 559. 

31. Township school inspectors cannot enlarge a 
graded school district by adding unorganized territory r 
though they may, with the consent of the trustees, transfer to 
its jurisdiction territory previously organized into primary 
districts. Ibid. 

32. Injunction lies to restrain the sale, for school taxes 
of lands unlawfully included within the taxing district. Ibid. 

33. A writ of certiorari to bring up proceedings for the 
formation of a school district will not be sustained if after its 
issue, and without good reason, it has been allowed to sleep 
until the organization has been completed, a tax voted and 
contract made for building a school-house, and interests 
established which cannot be overturned without public incon- 
venience and injury and individual damage. Parman v. 
Board of School Inspectors, 49 Mich., 63. 

34. Where certiorari issues to bring up proceedings for 
the formation of a school district, the papers on which it was 
allowed must be served with it. Ibid. 

35. Where there has been actual notice of proposed pro- 
ceedings by joint boards for the formation of a new school 
district out of several old ones, mere informalities in the issue 
of such notice are not jurisdictional defects; nor is the fact 
that it covers territory not actually taken. Ibid. 

36. The statutory requirement for notice of the meeting 
of a township board of school inspectors to alter the boun- 
daries of a school district, is jurisdictional, and proof of 
posting such notice should be filed with the clerk of the 



DIGEST OF DECISIONS. 103 



board, before any action is taken. Coulter et al. v. Board of 
School Inspectors of Grant and Arthur Townships, 59 Mich., 
391. 

37. In the absence of the consent of the owners of lands 
which have been taxed for building a school-house within 
three years last preceding the date of their proposed transfer 
to another district, such transfer is illegal; and the fact that 
the detached territory was not at the same time attached to 
another district will not legalize such transfer. Ibid. 

38. The statutory requirement for notice of the meeting 
of a township board of school inspectors to alter the boun- 
daries of a district is jurisdictional, and until such notice has 
been given, and proof of posting made, as required by law, 
the inspectors have no power to act. Fractional School Dis- 
trict No. 3, of Martin, Watson and Wayland Townships v. 
Boards of School Inspectors of said Townships, 63 Mich., 
611. 

39. Where a de facto school district has exercised its fran- 
chises and privileges for over two years, it is presumed to 
have been legally organized, and it is too late to litigate that 
question in law or equity. School District No. 3 of Everett 
Township v. School District No. 1 of Wilcox Township, 63 
Mich., 51. 

40. The statutory provision requiring the town clerk to 
give notice of every meeting of the board of school inspect- 
ors of his township, existing prior to the 1881 amendment, 
was imperative, and the apportionment by the inspectors of 
the valuation of school property, on the formation of a new 
district, at a meeting held without such notice, was void; and 
a bill in equity will lie in the name of the old district to en- 
join the assessment and collection of a tax to satisfy the 
amount so apportioned as its share of such valuation. Ibid. 

41. A township board of school inspectors may under 
one notice, and at one meeting, by separate action, detach lands 
from separate school districts and attach them to one district. 
Doxev v. The Township Board of School Inspectors of Mar- 
tin Township, 67 Mich., 601. 



104 MICHIGAN SCHOOL LAW. 

42. Where the action of a board of school inspectors in 
detaching territory from a district, without the consent of a 
majority of the resident taxpayers, and attaching it to anoth- 
er district, left land enough in the former for school purposes, 
they may afterwards consolidate such remaining territor}', 
with the consent of its remaining tax-payers, with any other 
district which gives a like consent. Ibid. 

43. At a school meeting to vote on the question of dis- 
solving the district, 18 votes were cast in favor of the propo- 
sition, and 9 against it. Every person present who possessed 
the qualifications of a voter at any school meeting was al- 
lowed to vote, without reference to sex, or whether or not he 
or she was a resident tax-payer. Ten or more persons who 
were not resident tax-payers voted, and some of the legal 
tax-payers did not vote, and some were not present. Held, 
that the consent of a majority of the resident tax-payers bad 
not been obtained as required by Howell's Statutes 15041, 
Briggs v. Borden et al., School Inspectors, 38 N. W. Rep., 
712. 

44. A bill will lie, at the suit of resident tax-payer, to re- 
strain the board of school inspectors from selling a school 
house and site, furniture, etc., under color of a void attempt 
to dissolve the district to which such school-house, etc., be- 
longs. Ibid. 

45. Under HowelFs Statutes §5041, providing that school 
districts cannot be divided or consolidated without the con- 
sent of a majority of the resident tax-payers of each district, 
a return by the board of school inspectors, stating that the 
persons consenting are a majority of the resident tax-payers 
of the districts, is conclusive as to such fact, though the con- 
sent filed by the districts does not state that the persons are 
a majority. G-entle v. Board of School Inspectors of Colfax 
Township, 40 N. W. Hep., 928. 

46. Proceedings for organizing a new school district, tak- 
en without giving the full ten days' notice required by How- 
ell's Statutes §5040, are not rendered valid by the filing of a 
consent by a majority of the citizens of each district affected, 
such consent being required by §5041, as the notice is a juris- 



DIGEST OF DECISIONS. 105 



dictional requirement, and the minority have a right to be 
heard, and a right to the full notice required. Ibid. 

47. Quo warranto is the proper remedy to determine the 
legal existence of a school district, and the right of particu- 
lar persons to exercise the offices of moderator, assessor and 
director. People ex rel., Roeser et al., v. G-artland, Moderat- 
or, et al., 42 N. W. Rep., 687. 

48. Under Howell's Statutes 15033, providing that no 
school district shall contain more than nine sections of land, 
a district containing five full sections and eight fractional 
sections, the whole not exceeding in quantity of land nine full 
sections, is legal. Ibid. 

49. The statutory provision concerning the election of 
school district officers by ballot is mandatory, but where such 
officers have been unanimously elected by vive voce vote at a 
regular meeting, no other persons claim to have been elected, 
and they are qualified and are acting, they will not be ousted 
by quo warranto. Ibid. 

V. 

DISTRICT MONEYS, WARRANTS AND ORDERS. 

50. An action for money had and received will lie in favor 
of a school district to recover district moneys received by its 
assessor, and which after expiration of his term of office he 
refuses on demand to pay over to his successor, and an ac- 
tion upon the assessor's bond is not the exclusive remedy; the 
bond is required as additional security, but it does not super- 
cede the officer's individual responsibility. Mason v. Frac- 
tional School District No. 1 of Scio and Webster, 34 Mich., 
228. 

51. An assessor cannot lawfully withhold the district 
funds in his hands, when the same are properly demanded by 
his successor, a fortnight after the latter has been regularly 
elected and has accepted and qualified, upon any claim that 
he is entitled to be first personally notified officially of such 
election and acceptance; he is chargeable with notice of these 
facts without any personal certification thereof. Ibid. 



106 MICHIGAN SCHOOL LAW. 

52. An official treasurer cannot defend an action to make 
him turn over to his successor the funds in his official custo 
dy, upon any questions of the regularity of the proceedings 
whereby the funds came into his possession. Ibid. 

53. The assessor of a school district is the lawful treasur- 
er and depository of school district funds, and all moneys 
must pass through his hands and be paid out by him on prop- 
er orders. School District No. 9 of Midland v. District No. 
5 of Midland, 40 Mich., 551. 

54. A showing of a want of funds is a complete answer 
to an application for mandamus to require an assessor of a 
school district to pay an order drawn on him in favor of a 
school teacher. Allen v. Frink, 32 Mich., 96. 

55. It is not necessarily the duty of the moderator of a 
school district to countersign an order upon the assessor 
drawn by the director. He has a right to satisfy himself 
that the claim for which it was drawn is a valid one, and that 
it was drawn by the director in the proper performance of 
his duty. Stockwell v. Township Board of White Lake. 

56. The disbursement of all school moneys is required by 
the statute to be made by orders drawn on the assessor by 
the director and countersigned by the moderator ; and all 
moneys belonging to the district in the town treasurer's 
hands are required to be paid to the assessor on warrants 
d i awn by the director and countersigned by the moderator. 
The assessor is made treasurer of the district, and required 
to hold all district mone}^ until properly drawn out by war- 
rant. It is made the express duty of the director to draw 
and sign warrants upon the township treasurer, payable to 
the assessor, for all moneys raised for district purposes, or 
apportioned to the district by the township clerk, and present 
them to the moderator to be signed ; and it is made the duty 
of the moderator to countersign such warrants. Burns v. 
Bender, 36 Mich., 195. 

57. District moneys in the hands of the town treasurer 
are not subject to be applied to any district purpose except 
through the hands of the assessor. And the duty of suing 
to thus transfer them into the custody of the assessor, if 



DIGEST OF DECISIONS. 107 



qualified, is laid on the director; and the duty of procuring 
this transfer within some reasonable time is not discretion- 
ary, but absolute. The moderator is bound under ordinary 
circumstances to countersign all orders of the director for 
that purpose ; and if he refuses in a proper case to do so, 
mandamus will lie to compel him. Ibid. 

58. The statute making it the duty of the director to 
present the warrant to the moderator for signature, he may 
properly be a relator to obtain it by compulsion of law when 
refused. He is the proper custodian of the completed war- 
rant, for the purpose of delivery to the assessor. Ibid. 

59. The query is suggested, whether the assessor would 
not also be a competent relator. Ibid. 

60. The town treasurer has no authority to make pay- 
ments of district moneys even to the assessor, except upon 
the warrant prescribed by statute ; and no payment not 
authorized by warrant is a valid official payment, such as to 
preclude the district from holding him responsible for moneys 
lawfully in his hands. Payments made otherwise than in 
the prescribed mode are made in his own wrong, and cannot 
diminish the fund for which he is responsible. Ibid. 

61. Eespondent occupying the double position of modera- 
tor and town treasurer, is not thereby authorized to set up 
his previous illegal disbursements of the district moneys as 
treasurer as an excuse for not doing his duty as moderator ; 
his double functions will not relieve him in one capacity 
from doing his duty in another. Ibid. 

62. Warrants drawn by the officers of school districts 
upon the township treasurer for school moneys are not 
negotiable, and the treasurer is under no obligation to pay 
them except to the district assessor. Fox v. Shipman, 19 
Mich., 218. 

63. An order drawn upon the township treasurer by the 
director and countersigned by the moderator of a school 
district, payable to A, or bearer, is void upon its face. The 
director has no power to draw any order on the township 
treasurer for any money of the district in his hands, payable 
to any one but the district assessor, who is the disbursing 



108 MICHIGAN SCHOOL LAW. 

officer of the district. Fractional School District No. 4 of 
Macomb and Chesterfield v. Mallary, 23 Mich., 111. 

64. The statute expressly requiring the township treas- 
urer to pay the amount of taxes raised for school purposes to 
the order of the school district officers, his liability therefor 
is distinct from his ordinary liability for township moneys, 
and cannot be released or in any way affected by the action 
of the township board. Jones v. Wright, 34 Mich., 371. 

65. A township treasurer has no right to receive for 
school moneys anything which the law has not authorized 
to be so received, and if he chooses to do so and to receipt 
for the taxes, he must make good the amount. Ibid. 

66. A town treasurer can pay school moneys only to the 
school district assessor, and then only on the warrant of the 
proper district officers. School District No. 9 of Midland v. 
School District No. 5 of Midland, 40 Mich., 551. 

67. A school district at an annual meeting may lawfully 
recognize and pay equitable claims, even though they are 
not strictly legal demands against it. Stockdale v. School 
District No. 2 of Wayland, et al, 47 Mich. , 226. 

68. A vote to issue school district bonds in settlement of 
•a demand, if in excess of the limit fixed by law, may be sus- 
tained up to the legal limit. Ibid. 

69. A corporate act which can only be taken by a two- 
thirds vote, cannot be rescinded by a bare majority. Ibid. 

70. School orders, payable to bearer, when sold, without 
indorsement, at a discount, and it not appearing that the 
vender was asked or made any representations as to their 
character or consideration, it was held that in the absence 
of false representations or of fraud, the purchasers took 
them for what they were worth, and had no cause of action 
against the vendor. White et al v. Robinson, 50 Mich. , 73. 

71. A mandamus will lie to compel a township treasurer 
to pay to the assessor of a school district so much of the 
money in his hands as is covered by the warrant of the 
director of the district drawn in favor of the assessor and in 
proper form, even though it does not specify a precise sum 



DIGEST OF DECISIONS. 10& 

but is for all such money in his hands as was raised for the 
purposes of the school district and belonged thereto Bryant 
v. Moore, 50 Mich., 225. 

72. The custodian of public funds is bound to make pay- 
ments on a proper warrant to the extent of the moneys law- 
fully in his hands, and cannot refuse on the ground that his 
right to the custody of the remainder is disputed. Ibid. 

73. Mandamus to compel the payment of money may be- 
granted so far as concerns a portion of the demand, while as 
to the rest the application is dismissed. Ibid. 

74. When the moderator and assessor of a school district 
are sued upon an order signed by them, a finding that it was 
signed on a false and fraudulent statement that the school 
director approved and would sign it, and on condition that it 
should be of no force unless he did sign it, and the farther 
finding that there was no purpose to contract except for the 
district, defeats an action thereon in the absence of any show- 
ing of subsequent action creating contract relations, or of 
any action by defendants, taken with a knowledge of the 
facts and estopping them personally. Kane v. Stowe 50 
Mich., 317. 

75. Mandamus to compel a school district assessor to pay 
a school order was allowed where the court was satisfied 
there was no valid defense. Martin v. Tripp, 51 Mich., 184. 

76. Interest from the time of demand may be allowed in 
granting mandamus for the payment of a school order when 
it is such a settled demand as would sustain a recovery of 
interest at law. Ibid. 

77. Mandamus will lie on relation of a school district 
assessor to compel the clerk of a township to which the dis- 
trict formerly belonged, to certify to the supervisor of the- 
township to which it now belongs the amount ascertained by 
the school inspectors as due to the new district from what 
remained of the old district out of which it was erected 
Kamsey v. Clerk of Everett Township, 52 Mich., 344. 

78. A town treasurer refusing to pay a warrant drawn in 
favor of the assessor, whose official character is not ques- 
tioned, on the ground that the moderator, who has been, 



110 MICHIGAN SCHOOL LAW. 

recognized as such by the other district officers, is not a legal 
officer, assumes a serious responsibility. The court issued a 
mandamus requiring the town treasurer to pay the order. 
School District No. 8 of Tallmadge Township v. Root, Town 
Treasurer, 61 Mich., 373. 

VI. 

teachers' contracts and certificates. 

79. When a contract for hiring a teacher has been signed 
by the director of the school district and by the teacher, and 
the moderator writes upon it "approved," and subscribes it 
as moderator, such approval and signature will be treated as 
in legal effect a signature of the contract by such moderator. 
Everett v. Fractional School District No. 2 of Cannon, 30 
Mich., 249. 

80. The provision of the statute that the contract for 
hiring a school teacher shall require the teacher to keep a 
correct list of the pupils, and the age of each attending 
school, etc., imposes the duty upon the teacher of keeping 
such list, and this becomes in legal effect a part of his con- 
tract, whether the written contract expressly stipulates for it 
or not. Ibid. 

81. The provision of the statute requiring the keeping of 
a list of pupils, etc., to be inserted in the contract is merely 
directory, and does not render invalid a contract from which 
such requirement has been omitted, provided it be good in 
other respects and entered into in good faith. Ibid. 

82. A school district is a municipal corporation and can- 
not be garnished even by its own consent, unless the debtor 
also consents. School District No. 4 of Marathon v. Gage, 
39 Mich., 484. 

83. It is against public "policy to allow the wages of per- 
sons in public employments to be reached by garnishment. 
Ibid. 

84. School management should always conform to those 
decent usages which recognize the propriety of omitting to 
hold public exercises on recognized holidays ; and it is not 



DIGEST OF DECISIONS. Ill 



lawful to impose forfeitures or deductions for such proper 
suspension of labor. All contracts for teaching during 
periods mentioned must be construed of necessity as subject 
to such days of vacation, and there can be no penalty laid 
upon such observances, in the way of forfeitures or deduc- 
tion of wages. School District No. 4 of Marathon v. Gage, 
39 Mich., 484. [Note.— The legal holidays established 
by statute are New Year's day (January 1), Washington's 
birth-day (February 22), Decoration day (May 30), Indepen- 
dence day (July 4), Christmas day (December 25), and any 
day appointed by the president or governor as a day of fast- 
ing and prayer, or of general thanksgiving. Whenever a 
legal holiday falls on Sunday, the Monday next succeeding 
is to be observed instead. Act No. 124, Laws of 1865, as 
amended by Act No. 163, Laws of 1875, and Act No 208 
Laws of 1881.] 

85. If a teacher is employed for a definite time, and, dur- 
ing the period of his employment, the district officers close 
the schools on account of the prevalance of contagious dis- 
eases, and keep them closed for a time, and the teacher con- 
tinues ready to perform his contract, he is entitled to full 
wages during such period. The act of God is not an excuse 
for non-performance of a contract unless it renders perform- 
ance impossible ; if it merely makes it difficult and inexped- 
ient, it is not sufficient. Although under such circumstances 
it is eminently prudent to dismiss school, yet this affords no 
reason why the misfortune of the district should be visited 
upon the teacher. Dewey v. Union School District of 
Alpena, 43 Mich., 480. 

86. The statute empowers the board of trustees of a 
graded school district to employ all teachers necessary, and 
what teachers are necessary is left to be decided by the 
sound discretion of the trustees. The making of a contract 
with a teacher is within the authority of a board of trustees, 
and, when made, neither the trustees nor the voters at an 
annual meeting have the power to impair its obligation. 
Tappan v. School District No. 1 of Carrollton, 44 Mich., 500. 

87. In a suit by a teacher on a contract, the plaintiff is not 
bound to produce the contract as proof of her certificate of 



112 MICHIGAN SCHOOL LAW 

qualification , and it is not error to allow her to give parol 
proof that she has one. School District No. 1 of Manistee 
Township v. Cook, 47 Mich., 112. 

88. In an action by a teacher on a contract, where it was 
alleged as error that the contract was allowed in evidence 
without proof that those who acted for the school district in 
making it were not authorized, it was held that this allega- 
tion did not sufficiently present the objection that the officers 
of the district were not competent to bind it by a contract 
extending beyond the current year, especially as there was 
evidence that the officers were in possession and presump- 
tively competent, and there was no evidence that they were 
not authorized to employ teachers. Ibid. 

89. A school teacher cannot be lawfully employed except- 
ing at a meeting of a board. Hazenv. Lerche, 47 Mich. , 626. 

90. A contract with a teacher, if signed by a majority of 
the board, is presumptively valid on its face and admissible 
in evidence without further proof. The payment by the as- 
sessor, without objection, of orders drawn on him by the di- 
rector and moderator for salary of teacher estops the district 
from denying validity of contract under which such services 
were rendered, and amounts to a ratification of the contract, 
and direct proceedings by the district board are not essential 
to such ratification. Crane v. School District No. 6 of Ben- 
nington Township, 61 Mich., 299. 

91. A teacher's contract is sufficiently executed if signed 
by the director and assessor. Simultaneous signing is not 
necessary. Hallowav v. School District No. 9 of Ogden Town- 
ship, 62 Mich., 153." 

92. School district officers should know under what au- 
thority a teacher assumes to act, and cannot, by failing to 
hold meetings, set up their own wrong as a defense to an 
honest claim. A contract signed by the required number of 
officers, under which the teacher is permitted to teach with 
knowledge of the entire board, will be presumed valid. A 
contract valid on its face and fully performed, with acquies- 
cence of all concerned, cannot be repudiated. Ibid. 



DIGEST OF DECISIONS. 113 

93. Although Howell's Statutes §4969, declares that a cer- 
tificate from the state normal school shall serve as a certificate 
of legal qualification to teach when filed in the county, city, 
township or district, failure to file it until after making a 
contract to teach is no defense to an action for salary earned 
after it was filed. Smith v. School District No. 2 of Pleasant 
Plains, 39 N. W. Rep., 567. 

94. The general policy of the school law is that schools 
shall be taught by qualified teachers, but necessities may 
arise where this cannot be done. A district may be unable to 
find a qualified teacher Where the employment of an 
unqualified teacher is a necessity, the school district is 
authorized to employ one who has not the proper certificate, 
if the school board are satisfied that the teacher is otherwise 
qualified, and to pay such teacher out of the moneys belong- 
ing to the district. But the primary school moneys and mill 
tax cannot be applied to tiat purpose. State ex rel. Hale v. 
Risley, Moderator, 37 N. W. Rep., 570. 

95. Under Howell's Statutes $5154, which provides that 
the secretary of the board of school examiners shall have 
power to grant special certificates of qualification to teachers, 
which shall not continue in force beyond the next public 
examination by the board, the secretary has no power four 
days after such examination, to grant a special certificate to 
a person who had been teaching under a special certificate 
granted by the secretary, but who failed to pass the public 
examination. Lee v. School District No. 2 of Alcona Town- 
ship, 38 N. W. Rep., 867. 

96. The fact that a third person, at a public examination 
of teachers, acted with a majority of the board of examiners 
in conducting the examination, does not invalidate the pro- 
ceedings, and a person who failed to pass cannot complain 
where it does not appear that such third person had anything 
to do with her failure to get a certificate. Ibid. 

VII. 

LIABILITIES OF DISTRICTS. 

97. The director of a school district is not legally entitled 
to compensation from the district for his services. Hinman 



114 MICHIGAN SCHOOL LAW. 

v. School District No 1, 4 Mich., 168. [Note.— The law is 
since changed so as to authorize compensation to be voted by 
the district. General School Laws of 1889, 327.] 

98. Where two districts are united under the statute, the 
new district is alone liable for all the former debts of each; 
and a judgment afterwards rendered against one of the for- 
mer districts is a nullity. Brewer v. Palmer, 13 Mich., 104. 

99. Charts or cards containing the multiplication table, 
practical forms of business contracts, and also brief mention 
of prominent historical events, and designed for use in school- 
rooms, are held not to be necessary appendages for the 
school house, within the meaning of the statute, such as the 
director is required to provide. Gibson v. School District 
No. 5 of Vevay, 3.6 Mich., 404. 

100. There was no such necessity for the purchase of 
these charts as would bring the case within the principles of 
School District v. Snell (See H 103), 24 Mich., 350. Ibid. 

101. The purchase of these charts by the director, without 
instruction from the district board, being unauthorized and 
void as to the district, his retention of them, and occasionally 
placing them in the school-house, could not operate as a rati- 
fication by the district of his unauthorized purchase. Ibid. 

102. Orders due from one district to another are not 
enforceable by mandamus at the suit of one to whom they 
have been assigned. Maltz v. Board of Education, 41 
Mich., 547. 

103. Where the officers of a school district purchased for 
the district a set of bound books and some blanks, suitable 
for the purposes of the district, at their fair value, and while 
the district was not properly supplied with such materials, in 
the absence of any snowing that the discretion of such officers 
was abused or exceeded, the district is liable. School Dis- 
trict No 4 of Easton v. Snell, 24 Mich., 350. 

104. One school district that has wrongfully received 
money belonging to another cannot, in an action by the latter 
to recover it, require any strict proof of the regularity of the 



DIGEST OF DECISIONS. 115 



proceedings authorizing it to be collected. School District 
No. 9 of Midland v. School District No. 5 of Midland, 40 
Mich., 551. 

105. Where a school district is parceled out among three 
other existing districts, the latter cannot be held jointly 
liable for a debt of the former district; whatever they are 
bound to pay must be a several, and not a joint obligation. 
Halbert v. School Dists., etc., 36 Mich., 421. 

106. The statute having confided the management of suits 
brought against a school district to the assessor when no 
other direction has been given by the voters in district meet- 
ing, the moderator and director, though constituting a major- 
ity of the district board, have no authority to take the defense 
of a suit from the assessor; the control of suits is not among 
the powers or duties confided by the statutes to the district 
board. School District No. 4 of Rush v. Wing, 30 Mich., 351. 

107. The suggestion that the action of the assessor in this 
case was such as to be evidence of an adverse interest is dis- 
regarded; such a suggestion might be made in any case where 
the assessor had refused to yield his legal authority to 
another. Ibid. 

108. A judgment for costs against the district on the dis- 
missal of an appeal taken in the name of the district by the 
director, without the authority or assent of the assessor, on 
the ground that the district had not appealed, is held to be 
erroneous. Ibid. 

109. Costs are not awarded against the school district in 
this court, on a writ of error brought without authority of the 
assessor, to review such dismissal. Ibid. 

110. A mandamus will lie to compel a school district to 
pay orders issued b} T it, even though the district has since 
been subdivided where statutor} T provision for distributing 
the original liability has not been carried out. Turnbull v. 
Board of Education, 45 Mich., 496. 

111. Interest upon orders issued by a school district is 
denied upon granting a mandamus to compel their payment 
if no authority has been given to impose it. Ibid. 



116 MICHIGAN SCHOOL LAW. 

VIII. 

TUITION OF NON-RESIDENT PUPILS. 

112. Before any action can be maintained under th& 
statutes, for the tuition of non-resident pupils, the district 
board must first fix and determine the rate of tuition of such- 
pupils ; and this should be by resolution of the board, prop- 
erly recorded by the director in the records of the district ;: 
and the fact that such action has been taken, cannot be 
shown by parol, if objected to. Thompson v. School District 
No. 6 of Crockery, 25 Mich., 483. 

IX. 

ADMISSION OF COLORED CHILDREN TO SCHOOL. 

113. The amendment to the primary school law of 1867 — 
Laws of 1867, vol. 1, p. 42 [General School Laws of 1889, §45,1 
— giving equal rights in the schools to all residents, is appli- 
cable to the city of Detroit, and precludes the board of edu- 
cation of that city from excluding a child from any publio 
school on the ground of color. People v. Board of Educa- 
tion, 18 Mich., 400. 

X. 

SCHOOL SITES AND SCHOOL-HOUSES. 

114. Notice of a meeting of the board of school inspectors- 
to change a school-house site is necessary. Andress v. School 
Inspectors of Willi amstown, 19 Mich., 332. (See HI preceding.) 

115. The board of inspectors have no power to change a 
school-house site on a written request of a majority of quali- 
fied voters of the district except in cases where the site has 
been fixed by them because the inhabitants were unable to- 
agree upon a site. Ibid. 

116. The jurisdiction to condemn lands for a school-house 
site is invoked by presenting to the proper officer a petition 
designating the site and showing disagreement with the 
owner as to compensation for it. Smith v. School District 
No. 2 of Milton, 40 Mich., 143. 



DIGEST OF DECISIONS. 117 

117. In proceedings to condemn land for a school-house 
site, the circuit judge is not required to act in preference to a 
circuit court commissioner. Ibid. 

118. When the owner of land that is sought for a school- 
house site is represented at the proceedings to condemn it, 
he is deemed to waive objection to jurors if he does not 
challenge them at the time. Ibid. 

119. When the petition, notice, venire, finding and com- 
missioner's certificate in proceedings to condemn land for a 
school-house site are regular on their face, and show full 
compliance with statutory requirement, the proceedings are 
presumed regular, and if the parties interested were repre- 
sected, and omit, on filing the proceedings, to make a sworn 
showing to the circuit court of any other defects — such as an 
omission to designate the site to the jury — they cannot rely 
on it thereafter. Ibid. 

120. A school district contracting for the building of a 
school-house within a stated time is bound to furnish a suit- 
able site therefor within such reasonable time that the con- 
structors shall not be delayed on their part. Todd et al. v. 
School District No. 1 of Greenwood, 40 Mich., 294. 

121. Under a contract for the construction of a school 
building, which provides that the work shall be "executed in 
the best and most workman-like manner, and agreeably to 
such directions as may be given from time to time" by the 
architect or his assistant [the local superintendent of the 
work, employed by the district], "and to his full and entire 
satisfaction, without reference tnereon to any other person ;" 
that all claims for alterations or extras were to be judged of, 
determined, and adjusted "solely by the superintendent," and 
that payment should be made on the certificate of the archi- 
tect, or superintendent, partly on monthly estimates, from 
time to time, and the balance on comp etion of the building ; 
whatever passed under the inspection of the superintendent 
as the work progressed, and was in good faith approved by 
him, expressly or by implication, was not open to objec- 
tion on the part of the district afterwards ; and the certificate 
•of the architect was not a condition precedent to the right of 



118 MICHIGAN SCHOOL LAW. 

the contractor to recover for the work so approved. Wilday 
v. Fractional School District No. 1 of Paw Paw and Antwerp, 
25 Mich., 419. 

122. Variances from such a contract which have been 
treated at the time as immaterial by both parties will not 
afterwards be held to be departures from the contract ; and 
what was regarded at the time as substantial compliance with 
its terms, constitutes a performance in law. Ibid. 

123. Intentional departures from such contract, made 
without the consent, express or implied, of the district officers, 
architect, or superintendent, and in disregard of their direc- 
tions, would not bar a recovery for other portions of the work 
which was duly approved ; but the district would have a right 
to insist on the proper changes in the work to make it con- 
form to the contract, and to recover any damages sustained 
by the failure. Ibid. 

124. The mere fact of taking possession and occupying 
the building by the district for their schools, after the time 
when, by the contract, it was to be completed, would not, of 
itself, constitute an acceptance which should bar any claim 
on the part of the district to insist upon a rectification of any 
faults, or the payment of any damages they may have suffered 
by the failure in strict compliance ; but the fact of making 
payments afterward without objection, the manner of taking 
possession, and whether with or without objection to any 
variation, would have an important bearing on the question 
of fact, whether any rights were intentionally waived, or 
whether there was a purpose to accept the building as com- 
pleted in substantial compliance with the contract. Ibid. 

125. Mandamus will not lie to compel a circuit judge to 
overrule his finding that the proceedings taking for the con- 
demnation of a site for a school-house were irregular, and to 
compel him to enter judgment for the amount found due. 
School District No. 5 of the Township of Delhi v. The Circuit 
Judge for Ingham County, 49 Mich., 432. 

126. Proceedings to condemn land for a school-house site 
will be quashed if there is no lawful designation thereof 



DIGEST OF DECISIONS. 119 

shown by the records. Heck y. School District No. 2 of Es- 
sex, 49 Mich., 551. 

127. The school law (Act 164 of 1881) permits land to be 
condemned for s*chool purposes only when a site has been 
lawfully determined, and it confines the power of the town- 
ship inspectors to determine the site to cases where the in- 
habitants themselves cannot do it. And it seems that more 
than one site cannot be designated except by the inhabitants. 
Ibid. 

129. The justice to whom the petition for the condemna- 
tion of land for a school-house site is presented, is not em- 
powered to hear evidence or pass on any of the merits. Ibid. 

130. Where proceedings to condemn land for a school- 
house site are brought before a jury, proof of a legal selec- 
tion of a site must be made to them, and without it they 
cannot find it to be necessary to condemn it. Ibid. 

131. A lease to a school district, to hold the property 
11 during the time it is used for school purposes," is a lease in 
perpetuity at the will of the lessee; and as the lessee is a cor- 
poration, and words of inheritance are not required, the lease, 
if a present consideration, is paid, really operates as a bar- 
gain and sale, and conveys a base or determinable fee. This 
is sufficient to satisfy the provisions of the school law, which 
requires a title in fee or a lease for ninety-nine years where 
land is to be secured for erecting a stone or brick school- 
house. School District No. 5 of Delhi v. Everett, 52 Mich., 
314. 

132. After the lapse of a dozen years it is too late to dis- 
turb the title to a school-house site by mere questions of reg- 
ularity in the proceedings to designate it. Ibid. 

133. A surety on a bond given to secure the performance 
of a contract for building a school-house cannot recover of the 
trustees of the district for moneys due him for materials fur- 
nished in the erection of the building, by reason of their fail- 
ure to require the contractor to execute the statutory bond 
provided for by act No. 94, Laws of 1883. Owen v. Hill et 
al., 67 Mich., 43. 



120 MICHIGAN SCHOOL LAW. 

134. Whether such trustees are liable in any event for such 
neglect of duty, query, — Sherwood and Champlin, J. J., hold- 
ing them so liable, and Campbell, C. J., and Morse, J,, re- 
serving their opinion on the subject. Ibid. 

XL 

GRADED AND HIGH SCHOOLS. 

135. The right of school authorities in union school dis- 
tricts of this State to levy taxes upon the general public for 
the support of high schools, and by such taxation to make 
free the instruction of children in other languages than Eng- 
lish, is sustained. Stuart v. School District No. 1 of Kalama- 
zoo, 30 Mich., 69. 

136. A school district which has assumed to possess and 
exercise all the rights and franchises of a regularly organized 
corporation for thirteen years, with entire acquiscence of 
everybody, is not liable to have the regularity of its organi- 
zation, or of the legislation under which it acted, called in 
question thereafter in a merely private and collateral suit. 
Ibid. 

137. Whether or not the statute of limitations applies in 
terms to a case where it is not so much the organization of 
the school district that is questioned as its authority to estab- 
lish a high school and levy taxes therefor, it is strictly ap- 
plicable in principle. Ibid. 

138. The organization claimed and asserted by the dis- 
trict being that of a union school district, the presumption of 
organization arising from its user of corporate power must be 
that of such an organization as its user indicates, and 
whether or not an acquiescence for the statutory period of 
two years will raise the presumption of regular organization, 
one of thirteen years certainly will. Ibid. 

139. The State policy of Michigan on the subject of edu- 
cation, and of the territory before the State was organized, 
beginning in 1817 and continuing down until after the adop- 
tion of the present constitution, having been reviewed and 
considered the conclusion as reached that there is nothing in 
our state policy, or in our constitution, or in our laws, re- 



DIGEST OF DECISIONS. 121 

stricting the primary school districts of the State in the 
branches of knowledge which their officers may cause to be 
taught, or the grade of instruction that may be given, if the 
voters of the district consent in regular form to bear the ex- 
pense and raise the taxes for the purpose, or to prevent in- 
struction in the classics and living modern languages in these 
schools. Ibid. 

140. The power to make the appointment of a superin- 
tendent of schools in a union school district is one that is in- 
cident to the full control which by law the district board has 
over the schools of the district. Ibid. 

141. The decree below, dismissing the bill filed in this 
case to restrain the collection of such portion of the school 
taxes assessed against the complainants for the year 1872 as 
has been voted for the support of the high school in the village 
of Kalamazoo and for the payment of the salary of the super- 
intendent is affirmed. Ibid. 

142. The board of trustees of a graded school have auth- 
ority to purchase a piano for the purposes of a high school. 
Knabe et al. v. The Board of Education of the City of West 
Bay City, 67 Mich., 262. 

143. When the law gives the board of trustees power to 
prescrihe the course of studies, it gives them the authority to 
provide means to carry the power into effect. Ibid. 

XII. 

LIBRARY MONEYS. 

144. The treasurer of the board of school inspectors, and 
not the township treasurer, is the proper custodian of the 
township library money; and the latter officer, on proper de- 
mand, is bound to pay it over to the former, and is not en- 
titled to withhold it until it is drawn by the inspectors as 
needed for specific appropriations ; and mandamus will lie to 
enforce the performance of this duty. McPharlin v. Ma- 
honey, 30 Mich., 100. 

145. It is sufficient grounds for an application for manda- 
mus to enforce such payment, that the township treasurer, 



122 MICHIGAN SCHOOL LAW. 

when an order was properly drawn on him by the inspec- 
tors for such money, but for an amount slightly in excess 
of the money in his hands, refused to pay over what he had, 
not upon the ground that the order was too large a sum, 
but upon the distinct assertion that he was himself the 
proper custodian of the funds, and was not bound to pay 
them over except as they were required by the inspectors for 
specific purposes. Ibid. 

146. Under the constitution and statutes, all moneys 
which are paid into the office of the county treasurer, on 
account of fines, penalties, forfeitures, and recognizances, are 
to be credited to the library fund, and apportioned and paid 
over by the treasurer to the proper local officers, without any 
deduction for expenses, either attending the collection of the 
particular sums paid in, or embracing the general criminal 
expenses of the county. Board of Education of Detroit v. 
Treasurer of Wayne County, 8 Mich., 392. 



XIII. 

MISCELLANEOUS. 

147. A communication, representing that a certain person 
was of bad moral character, and wholly unfit to teach and 
have the care of a district school, made to a township sup- 
erintendent by persons interested in a particular school with- 
in his jurisdiction, for the sole purpose of preventing the 
issue to the person so charged of a license to teach the school, 
is held to be a privileged communication, and not actionable. 
Wieman v. Mabee, 45 Mich., 484. 

148. An action will not lie on a communication relating 
to personal character, if made in good faith and for an honest 
purpose by persons concerned, and to the proper person. 
Nor will it lie when such a communication is untrue, if it is 
not maliciously made. Ibid. 

149. A school director has authority, in the exercise of a 
sound discretion, to buy new seats for a school-house under 
a resolution adopted at the annual meeting of the school 



DIGEST OF DECISIONS. 123: 

district "that the school board fix the school-house ready for 
the winter term." McLaren v. Town Board of Akron, 48 
Mich., 189. 

150. Act 164 of 1881, in authorizing the removal of a. 
school district officer for illegally using or disposing of any 
of the public moneys entrusted to his care, does not cover a 
charge of conspiring with a woman moderator to hire her 
husband as teacher and pay him more than was necessary to 
obtain a good teacher. Ibid. 

151. If one or two parties claiming the office of modera- 
tor obtains a judgment of ouster against co-claimant and is 
recognized by the director and assessor, he becomes an 
incumbent of the office de facto, and his action will be re- 
spected while in office. School District No. 8 of Tallmadge 
Township v. Koot, Town Treasurer, 61 Mich., 373. 

152. The practice of taking "informal ballots" at regular 
elections has no legal sanction, may mislead voters, and is 
open to grave abuse and is so held when indulged in at 
annual school meeting. Ibid. 

153. A line fence around the school-house site is a 
"necessary appendage" within the meaning of the statute. 
"Appendages" under the school statutes includes fuel, fences, 
and necessary out-houses. The duty of the director to pro- 
vide the same is not confined to the school term. They 
should be on hand when the school opens. It then becomes 
his duty to keep the same in repair, as also the school-house. 
Creager v. School District No. 9 of Wright Township, 62: 
Mich., 101. 

154. Direction for the payment of primary school money 
apportioned by the superintendent of public instruction as 
between districts, if accompanying the apportionment, can- 
not be altered or modified by the town clerk. Moiles, As- 
sessor v. Watson, Treasurer, &c, 60 Mich., 415. 

155. Title of de facto officer will not be tried on applica- 
tion for mandamus. Ibid. 

156. The mother of a child included in the school census 
of the district, who had resided therein more than three- 



124 MICHIGAN SCHOOL LAW. 

months, and was more than twenty-one years of age, was 
entitled to vote at a school meeting for school trustees, 
though the constitution of Michigan limits the right of suf- 
frage to males, as the constitutional qualifications do not 
apply to officers for which the legislature has the right to 
provide, among which are school trustees. Belles v. Burr 
et al, 43 N. W. Rep., 24. 

(Note — This decision does not apply to cities whose char- 
ters provide that school officers shall be voted for on the 
same ballot with other municipal officers at a general election. 
See Mudge v. Jones, 59 Mich., 165. 

157. A rule by a school board that "pupils who shall in 
any way deface or injure the school building, out houses, 
furniture, maps, or anything else belonging to the school, 
shall be suspended from school until full satisfaction is 
made" will not be enforced against a boy who accidentally 
breaks a window glass. Such a rule will not be sustained 
where the act was done merely through carelessness or 
negligence, but it must be willful or malicious to warrant sus- 
pension from school. Joseph H. Holman v. Trustees of 
District No. 5, Township of Avon. Opinion filed Nov. 8, 1889. 




QUESTIONS ANSWERED. 



From Michigan School Moderator. 

Q. Has a parent or interested person the right to examine 
the papers of pupils who have done the work in an examina- 
tion? 

Ans. He should have, but 1 know of no law that would 
compel a teacher or examiner to permit persons to examine- 
such papers, unless it be a resolution of the school board. 

Q. Has a school board the right to require the submis- 
sion of examination papers and the markings thereon to a 
parent or other interested person ? 

Ans. They have the right, but it is very poor policy to 
ask a teacher to do so, especially if there is dissatisfaction 
concerning the result of the examination. The teacher 
should be fair and impartial and the school board should 
consider themselves competent to judge as to his fairness. 

Q. Has a school board the authority to require pupils to 
enter at the first of a certain term, and refuse to receive them 
at other times ? 

Ans. Decidedly no. They may refuse to receive them 
into certain grades or departments, but it is the duty of the 
school board to receive them into some part of the school 
and give such instruction as in the judgement of superinten- 
dent or teacher the pupils require. 

Q. Has a school board authority to suspend pupils for 
irregular attendance, which irregularity is not absolutely 
necessary ? 



126 MICHIGAN SCHOOL LAW. 

Ans. No. The law requires attendance at school and if 
parents do not comply with the law they may be punished 
according to law, but a pupil cannot be suspended from 
school lor irregular attendance no matter whether such ab- 
scence is necessary or not. A pupil who runs away from 
school and persistently violates a legal rule of the school 
board may be dismissed from the school. See Chapter XX 
of the school laws. 

Q. Can a school board make contract with teachers for 
another year when the terms of office of a majority of its 
members expire before the beginning of the school year ? 

Ans. Yes. The organization of a school board is contin- 
uous and there is no such thing in law as a new board and 
an old board although its membership may change. Many 
school boards employ teachers for two and three years. 

Q. A school board at a full meeting votes to hire a teach- 
er and no contract is drawn in writing but is made and 
signed in the near future at convenience and not at a meet- 
ing called for that purpose. Is such a contract valid ? 

Ans Yes. The law intends that a contract shall be 
authorized at a regularly called meeting of the board by a 
vote of the members present. It should be signed by the 
teacher and a majority of the board, but it matters little 
when and where the signing is done. 

Q. Is a teacher's contract binding if made and signed by 
members of the board individually i. e. , a contract not auth- 
orized at a meeting ? 

Ans. Such a conlract does not bind the district; it only 
binds the person who signed it. 

Q. What are the duties of directors in regard to drawing 
up and furnishing contracts to teachers who have been en- 
gaged by the board ? 

Ans. See paragraph 5, section 21, chapter 3 of the school 
laws. 

Q. Should teachers who hold a normal school or state cer- 
tificate be required to pay an institute fee ? 

Ans. Emphatically, yes. 



QUESTIONS ANSWERED. 127 



Q. Should grade examinations be held for graduations from 
country schools on any other days than those selected by the 
department of public instruction ? 

Ans. Certainly. There is no reason why such examina- 
tions may not be held any time teachers or commissioners may 
choose to arrange for them. The department is willing to 
prepare questions for February and May examinations and it 
is desired that examinations be held uniformly throughout 
the state. 

Q. Can a county board of examiners renew a certificate 
without requesting the teacher to be examined ? 

Ans. Yes; by the conditions of a bill recently passed by 
the Legislature of 1893. Amendment reads as follows : 
The board of examiners shall have the right to renew without 
examination the certificates of persons who shall have pre- 
viously obtained an average standing of at least 85 per cent 
on all branches covered in two or more previous examina- 
tions, and who shall have been since that examination, con- 
tinuously and successfully teaching in the same county. 

Q. What is the minimum age of teachers in Michigan ? 

Ans. Seventeen years. Recently fixed at seventeen by 
the Legislature. 

Q. Is it the duty of the chairman of the township board 
of school inspectors to visit schools ? 

Ans. No; only as it is the duty of all persons who patron- 
ize a school. There is no law that makes it his duty. The 
commissioners may appoint an assistant visitor but such vis- 
itor is not necessarily an inspector. See section 10, Act 147, 
1891. 

Q. Is the director of a district required by law to call a 
special school meeting when a petition is presented to him 
signed by more than five voters ? 

Ans. Yes. If petitioners are legal voters, otherwise not. 
See section 17, chapter II. of the school laws. 

Q. Has the date of the regular March examination been 



changed ? 



128 MICHIGAN SCHOOL LAW 

Ans. Yes. It will begin on the last Thursday of March 
in the future. 

Q. Is it necessary for a school inspector to give a bond 
before he enters upon the duties of his office? 

Ans. The law requires that the chairman of the board of 
school inspectors shall be the treasurer thereof, and shall give 
a bond to the township in double the amount of moneys to 
come into his hands during his term of office. See section 2 
of chapter IV. of the School Laws. 

Q. May the voters of an Upper Peninsula township or- 
ganize at any other time than the time of the annual town- 
ship meeting? 

Ans. Section 1 of act 176, Session Laws of 1891, provides 
that the petition signed by a majority of the qualified elec- 
tors shall be filed in the office of the township clerk at least 
fifteen da} T s prior to the annual township meeting. The same 
section declares that the vote to organize the single district 
shall be taken at the annual meeting, and makes no provision 
for such a vote at any other time. If you have neglected the 
matter this spring it will be necessary for you to wait until 
April, 1894. 

Q. Has a teacher any right to make up for lost time by 
teaching on Saturday or a holiday? 

Ans. No ; unless it is agreed to by the district board. 

Q. When the voters at the annual meeting have voted a 
certain sum to be paid the director for his services, has he 
any right to make out a bill for any incidental work he may 
have done and which the law says shall be done by the 
director? 

Ans. No ; he should be paid for material he furnishes the 
district, but receive no extra compensation for his services. 

Q. Are both school inspectors members of the township 
district as organized under act 176, Public Acts of 1891? 

Ans. There was evidently an error made in the printing 
of the bill after it became a law. It was the intention of the 
originators of the law as well as the school men who urged 



QUESTIONS ANSWERED. 129 



its passage, that the board should be composed of two trus- 
tees, the township clerk and the two school inspectors but in 
section two of the law the word inspector is used in the singu- 
lar, while in the fourth section the inspector whose term of 
office will soonest expire shall be president of the board etc 
Ihe attorney general gives it as his opinion that the board 
consists of five members. 

Q. Is an alien eligible to hold the office of commissioner 
of schools? 

Ans. Some officers by provisions of law must be natural- 
ized citizens and electors to be eligible to hold a public office 
but act 147, Public Acts of 1891, prescribe the conditions of 
eligibility of the school commissioner. The requirements 
may be found in section three of the act above referred to 
It is not necessary that the commissioner be an elector. The 
word person is used instead of elector, therefore, any person, 
male or female, alien or naturalized, who possesses the other 
qualifications, may legally hold the position. 

Q. Should the institute fee be collected of persons who 
take a teachers' examination, who are not yet sixteen vears 
of age ? J 

Ans. Section 1 of chapter 15 of the school laws reads as 
follows: "All boards shall collect, at the time of examina- 
tion, from each male applicant for a certificate, an annual fee 
of one dollar, and from each female applicant for a certificate 
an annual fee of fifty cents." This law says nothing about 
collecting the fee from those who do not, on account of age 
ask for a certificate. My decision would be that institute 
fees should be collected of all those who take the teachers' 
examination who have not already paid fees during the year' 
without regard to age. 

Statement. Pupils reside in Selma township, and belong 
in a fractional district of Waring township. Clerk of Wag- 
ing township apportions primary money to the district, count- 
ing only those who reside in his township. 

Ans. The report of the number of children in the frac- 
tional district is sent to the clerk of the township in which 
the schoolhouse is located, and it is his duty to apportion the 



130 MICHIGAN SCHOOL LAW. 

primary money to the district according to the number of 
pupils reported in that district whether they all reside in that 
township or not. You are entitled to your share of the prim- 
ary money on the pupils who reside in your township if they 
belong to the fractional district of the other township, the 
same as though they lived in that township. 

Q. A tax for the current expenses of the school year was 
voted at a school meeting. Director neglected to include the 
amount in his report, therefore tax was not levied by super- 
visor. Can the school board borrow money to support 
school ? 

Ans. Section 9, chapter 3, of the school laws reads thus: 
"When a tax has been estimated and voted by the district 
board under the provision of this section, and it is needed 
before it can be collected, the district board may borrow to 
an amount not exceeding the amount of said tax." This, it 
seems, is sufficiently clear to justify you in borrowing the 
amount voted. The error of the director in not reporting the 
amount voted should not prevent }'Our having a school dur- 
ing the year. To borrow money it is necessary for the mem- 
bers of the board in their official capacity to give a joint note 
for the amount desired. 

Q. Should classification registers be furnished district 
schools by the commissioner at the expense of the county? 

Ans. There is no law which requires the commissioner to 
supply these books. In some counties boards of supervisors 
have allowed accounts for the purchase of registers, but the 
commissioner is not authorized by law to furnish them. 

Q. Is there any law which prohibits a teacher from intro- 
ducing a switch into a school room when it becomes neces- 
sary ? 

Ans. The school law provides that school boards shal 1 
prescribe rules for the government of the schools; but the 
whole tendency of the law is to discourage corporal punish- 
ment. There are, however, plenty of court decisioas sustain- 
ing teechers in administering punishment. If you "introduce 
a switch" be sure that you introduce it in a proper spirit. 



QUESTIONS ANSWERED. 131 



Q. How many days in a school month ? I was engaged 
to teach five months. How many days am I required to 
teach ? 

Ans. To the first twenty days,— four weeks of five days 
each. To the second, one hundred days. Legal holidays are 
counted as days taught. 

Q. What are all the causes for which a schoolboard may 
dismiss a teacher ? I was dismissed from school for being 
incompetent to govern the school — so claimed by the school- 
board— when they forbade me from punishing a pupil. 

Ans. It would be difficult for me to specify all the causes 
for which a district board might have occasion to declare a 
forfeiture of a contract. If you were a legally qualified 
teacher, and met fully all the requirements of your contract, 
they have no right to dismiss you from the school; or if they, 
by their acts, made it impossible for you to meet the require- 
ments of your contract, then they are liable for your wages 
for the full time, and also for damages, in certain cases. If, 
however, you were deficient in discipline, or in methods of 
teaching, and cannot properly instruct a school; or if, with 
their support, you could not govern the school, the school board 
might be justifiable in declaring your contract forfeited, al- 
though you may have taught the school to the best of your 
ability. 

Q. Should people who move into a district in the fall for 
the purpose of sending their children to school, be required 
to pay tuition? 

Ans. If the people you speak of come to your village 
with their families to reside for the winter, the} 7- are legal 
residents of the district, even if they intend to move away in 
the spring. They are entitled to the privileges of the school 
the same as other residents, and the school board cannot 
legally require them to pay tuition. 

Q. Children of parents residing in district No. 3 go into 
district No. 5 and live with a married sister during the 
winter, for the purpose of attending school. Are they resi- 
dents of the district ? 



132 MICHIGAN SCHOOL LAW. 

Ans. Such children are non-residents, and if they attend 
the school are subject to the rules of the school board as to 
paying tuition. The childrens' residence is with their parents, 
and they cannot be considered as residents of the district 
unless their parents reside in the district. 

Q. Is a graduate of the Agricultural College eligible to 
hoid the office of commissioner of schools? 

Ans. Yes. It would be presumptous to suppose that any 
person of average ability, who has graduated from a four 
year's course in any of our State institutions, would not be 
eligible to hold this office ; and there is no court that would 
not so decide. 

Q Is a person who owns a watch a legal voter at a school 
meeting ? 

Ans. Yes. A person holding property liable to taxation 
is a legally qualified voter on questions involving the raising 
of money at school meetings. A watch is property liable to 
taxation as much a any personal property, and therefore the 
owner would be entitled to vote. The law should be amend- 
ed so as to distinguish more definitely between those who 
really pay taxes, and those who do not. 

Q. A teacher has been teaching without a written con- 
tract. The director has ordered the school closed because the 
teacher has been exposed to scarlet fever. Can he collect 
pay for the time thus lost ? 

Ans. No. If the teacher holds a written contract he can 
collect pay for all time lost by reason of his school being 
closed on account of the fear of the breaking out of a contag- 
ious disease. 

A teacher serving a district without a written contract, may 
collect such pay for services rendered as a court may award, 
provided such teacher held a valid certificate of qualification 
covering the period of employment. The amount of com- 
pensation must be determined just as though there had been 
no previous verbal agreement between the district board and 
the teacher. The teacher cannot hold the district for any 
terms of agreement unless the same were incorporated in the 



QUESTIONS ANSWERED. 133 

written contract; consequently the board may terminate the 
employment of the teacher at any time they choose, provided 
there is no written contract. 

Q. Should a first and second grade certificate be granted 
by an examining board to one of its own members without re- 
quiring him to do work in the examination? 

Ans. No, emphatically no. The law plainly declares that 
the applicant shall pass a satisfactory examination. There is 
nothing satisfactory about an examination when no examina- 
tion work is done, and a certificate granted to a person who 
has done only a small part of the work is not granted accord- 
ing to the requirements of the law. The examination is a 
protection to the fa ithful, earnest and competent teachers, and 
is not intended as a bore to any one, and an examining board 
that grant certificates to one person without an examination 
insults the candidate who has to do the entire work of the 
examination. 

Q. Has a commissioner a legal right to indorse a third 
grade certificate granted in another county? 

Ans. There is no law authorizing the commissioner to in- 
dorse third grade certificates granted in another county, and 
I am of the opinion that if commissioners wish to recognize 
certificates of other counties, their only legal way is to grant 
a special certificate valid in the county to the date of the next 
public examination. 

Q. Should a person who pays an institute fee of $1 in 
August, 1892, be required to pay again if he failed in August, 
and attends the March examinations? 

Ans. Yes. The school year begins and ends September 
1 , and a receipt for the payment of the institute fee should 
certify that the fee has been paid for the year ending Sep- 
tember 1. 

Q. Can any penalty be inflicted on the board of school 
inspectors for neglect to make report required by the Super- 
intendent of Public Instruction? 

Ans. Yes. Section 4, of chapter 13, of the School Laws, 
reads as follows ; 



1M MICHIGAN SCHOOL LAW. 

Sec. 4. If any board of school inspectors shall neglect or 
refuse to make and deliver to the township clerk the annual 
report as required by this act, within the time limited there- 
for, they shall be liable to pay the full amount of money lost 
by their failure, with interest theron, to be recovered by the 
township treasurer in the name of the township, in an action 
of debt, or on the case ; and if any township clerk shall ne- 
glect or refuse to transmit the report herein mentioned with- 
in the time limited therefor, he shall be liable to pay the full 
amount lost by such neglect or refusal, with interest thereon, 
to be recovered in an action of debt, or on the case. 

Q. 1 — Is it necessary for an adjourned meeting of a board 
of school inspectors to transact business other than that men- 
tioned in the notice of the original meeting? 

Ans. I find no law which limits the power of the board of 
inspectors at an adjourned meeting any more than at an orig- 
inal meeting. It is always necessary to give notice of a meet- 
ing called for the purpose of making alterations in the boun- 
daries of a school district. 

Q. 2 — Should the members of the board be served with a 
notice of said adjourned meeting ? 

Ans. No. There is no provision of law requiring a notice 
to be served at any time. 

Q. 3 — A certain district was organized into a graded school 
by a vote of 59 to 5. Illegal votes were cast. Would such 
a vote annul the organization ? 

Ans. Illegal votes should be thrown out, and if after such 
votes are discarded the necessary number have not voted in 
favor of the question, it is lost, otherwise not. 

Q. 4 — Can any authority legally detach territory from a 
graded school, organized according to the provisions of chap- 
ter X of the school laws ? 

Ans. Yes; by complying with the provision of section IV 
of the same chapter. 

Q. 5 — May territory be detached legally from a bonded 
district ? 



QUESTIONS ANSWERED. 135 

Ans. I find nothing in the law to restrict it. See answer 
to question from above. 

Q. 6 — Under the new law authorizing boards of examin- 
ers to renew certificates, will it be legal for the Wayne county 
board to renew the certificate of a teacher holding a certificate 
granted by the Oakland county board ? 

Ans. No. The new law reads as follows: "The board of 
examiners shall have the right, however, to renew without 
examination the certificate of persons who shall have pre- 
viously obtained an average standing of at least 85 per cent 
on all branches covered in two or more previous examina- 
tions, and who shall have been since that examination con- 
tinuously and successfully teaching in the same county. 

Q. 7 — Does the law compel the farmer to build half of 
the fence around the school house lot when the lot is taken 
wholly out of his land ? 

Ans. Personally, I believe that the district should build 
all the fence and keep it in repair, but there is nothing in the 
school law or in the decisions regarding school matters touch- 
ing the duty of school districts in fencing their grounds. In 
building iine fences, if the adjoining lands and the district 
cannot agree as to the share each should build, the matter 
should be referred to the fence viewer of the township. 

Q. In contemplating the division of a district, can the 
board of schol inspectors act independently of the majority 
of the tax-payers? 

Ans. "No district shall be divided into two or more dis- 
tricts without the consent of a majority of the resident tax- 
payers." A board of inspectors may detach territory from 
a district independently of the taxpayers, but they cannot 
legally divide it into two or more districts without the con- 
sent of the legal voters. 

Q. Are boards of inspectors empowered to unite two or 
more districts into one district? 

Ans. Not without the consent of a majority of the tax- 
payers of each district. A majority of both districts is not 
sufficient. 



136 MICHIGAN SCHOOL LAW 

Q. Have inspectors the power of calling a meeting for 
the purpose of dividing a district without being authorized 
by a petition of at least five resident taxpayers? 

Ans. Yes. The law requires the clerk to give ten days' 
notice, but a petition of voters is not necessary. 

Q. Are all the districts that support libraries entitled to a 
copy of the Michigan Manual? 

Ans. No. The resolution passed by the legislature of 
1893 gives one to each graded school in the State. There 
are 572 graded schools in the State that will be thus favored. 

Q. Has there been any change in the law relative to the 
conducting of the State teachers' institute made by the 
Legislature of 1893? 

Ans. No. An excellent bill was introduced by Rep. 
Hoyt, of Ottawa county, but there is no prospect of its pas- 
sage. 

Q. Is the Superintendent of Public Instruction required 
by law to furnish printed copies of the Michigan School law 
to all who apply? 

Ans. No. The law concerning such distribution may be 
found in section 3 of chapter I., and reads as follows : The 
Superintendent of Public Instruction shall compile and cause 
to be printed all general laws relating to schools, together 
with all necessary forms, * * * an( j shall transmit the 
same to the several officers intrusted to the care and manage- 
ment of said schools. 

Q. Do any of the amendments made by this legislature go 
into effect before the August examination of teachers? 

Ans. None of them have been given immediate effect, and 
hence do not become a part of the law until ninety days after 
the close of the session. 

The amendments made by the legislature of '92 and '93 go 
into effect August 27, 1893. 



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